Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8415 WP No. 12913 of 2020 C/W WP No. 19427 of 2021 WP No. 18844 of 2022 AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 12913 OF 2020 (KLR-RES) C/W WRIT PETITION NO. 19427 OF 2021 (KLR-RR/SUR) WRIT PETITION NO. 18844 OF 2022 (KLR-RES) WRIT PETITION NO. 20830 OF 2022 (KLR-RES) WRIT PETITION NO. 9147 OF 2023 (KLR-RES) WRIT PETITION NO. 11274 OF 2024 (GM-RES)
IN WP No. 12913/2020 BETWEEN:
K N VASANTH S/O LATE K K NEELAKANTAPPA AGED ABOUT 61 YEARS, R/O KODLIPET -571 231 KODAGU …PETITIONER (SRI. I.THARANATH POOJARY., SR. COUNSEL FOR SRI. SHANMUKHAPPA., ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS TAHSILDAR BANGALORE NORTH TALUK KANDAYA BHAVAN BANGALORE -560002
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8415 WP No. 12913 of 2020 C/W WP No. 19427 of 2021 WP No. 18844 of 2022 AND 3 OTHERS
2. SPECIAL DEPUTY COMMISSIONER BANGALORE NORTH SUB DIVISION KANDAYA BHAVAN BANGALORE -560002
3. SRI R LAKSHMANA S/O LATE RAMEGOWDA AGED ABOUT 75 YEARS, R/O NO.123/1 SHIVAGRAHA APARTMENTS NO.A-1 2ND CROSS A MAIN ROAD NETAJI ROAD, THYAGARAJNAGAR 4TH BLOCK BANGALORE-560028
4. SRI M BABU S/O MUNIRANGAPPA R/O NO.51 2ND CROSS KANAKANAPALYA II BLOCK JAYANAGAR, BANGALORE-560011
5. SRI V S KRISHNA S/O SUBBARAYA MAJOR R/O NO.253 10TH CROSS KORAMANGALA, BANGALORE-560034
6. SRI S K MURALIMARAN S/O V S KRISHNA MAJOR R/O NO.253 10TH CROSS KORAMANGALA, BANGALORE-560034
7. SMT YASHODA W/O LATE S V VENKATARAMA R/O NO.49, 26TH B MAIN ROAD, PUTAYAPALYA, JAYANAGAR 9TH LAYOUT
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NC: 2025:KHC:8415 WP No. 12913 of 2020 C/W WP No. 19427 of 2021 WP No. 18844 of 2022 AND 3 OTHERS
BENGALURU-560069
8. SRI S V VASUDEV S/O LATE S V VENKATARAMA R/O NO.49, 26TH B MAIN ROAD, PUTAYAPALYA, JAYANAGAR 9TH LAYOUT BENGALURU-560069
9. SRI S V LAKSHAMNA DEV S/O LATE S V VENKATARAMA R/O NO.49, 26TH B MAIN ROAD, PUTAYAPALYA, JAYANAGAR 9TH LAYOUT BENGALURU-560069
10. SRI S V PRABHUDEV S/O S V VENKATARAM R/O NO.49, 26TH B MAIN ROAD, PUTAYAPALYA, JAYANAGAR 9TH LAYOUT BENGALURU-560069
11. SMT S V MAMATHA D/O LATE S V VENKATARAM R/O NO.49, 26TH B MAIN ROAD, PUTAYAPALYA, JAYANAGAR 9TH LAYOUT BENGALURU-560069
12. SRI GOWDARA MAHALINGAPPA S/O LATE GOWDARA JAYADEVAPPA R/O CHOWKIPET DAVANAGERE -577 001
13.
SDS TUBERCULOSIS RESEARCH CENTRE AND RAJIV GANDHI INSTITUTE OF CHEST DISEASES GOVERNMENT OF KARNATAKA HOSUR ROAD BANGALORE-560030
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NC: 2025:KHC:8415 WP No. 12913 of 2020 C/W WP No. 19427 of 2021 WP No. 18844 of 2022 AND 3 OTHERS
REPRESENTED BY ITS DIRECTOR
14. SRI MANOHAR CHANDRASHEKHAR S/O LATE C PUTTASWMY R/AT NO.14TH MAIN, B.S.K. II STAGE BENGALURU-560070
15. SMT LALITHA RAMAPPA W/O K S RAMAPPA R/AT NO.148 7TH MAIN 4TH CROSS J P NAGAR 3RD PHASE BENGALURU-560078
16. SMT UMA SHIVALINGAIAH W/O SHIVALIGNAIAH R/AT NO.524F, 8TH CROSS 7TH BLOCK WEST JAYANAGAR BENGALURU-560082
17. SMT VIJAYALAKSHMI BALAKRISHNA W/O BALAKRISHNA R/AT NO.316 25TH CROSS 9TH MAIN B.S.K. II STAGE BENGALURU-560070
18. SMT INDIRA GOWDA W/O A T GOWDA R/AT NO.2592 8TH MAIN ROAD, BEHIND SARASWATHI HOSPITAL B.S.K. II STAGE BENGALURU-560070
19. SRI V CHETAN S/O P VENUGOPAL R/AT NO.451 6HT CROSS
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7TH BLOCK (WEST) 7TH BLOCK (WEST) JAYANAGAR BENGALURU-560027
20. SMT ANITA W/O PRASHANTH PRAKASH R/AT NO.110/8 KRISHNAPPA LAYOUT LALBAGH ROAD CROSS BENGALURU-560027
21. BRUHAT BENGALURU MAHANAGARA PALIKE PALIKE N R SQUARE BANGALORE-560002 REPRESENTED BY ITS COMMISSIONER
22. CHIEF ENGINEER (SOUTH) SOUTH RANGE OFFICE COMPLEX 9TH CROSS 9TH MAIN II BLOCK JAYANAGAR BANGALORE-56011 …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 & R2 SRI. KALYAN R., ADVOCATE FOR R3 SRI. HEMACHANDRA & SRI.M.YADAV MURTHY., ADVOCATES FOR R7 TO R11 SRI. M.MUNIRAJU., ADVCOATE FOR R12 SMT.SUMANA BALIGA M., AVOCATE FOR R13 SRI. ARAVIND M. NEGLUR., ADVOCATE FOR R21 & R22 SRI. A RAVISHANKAR., ADVOCATE FOR R23 SRI.
KUMARA & RAVI C.S., ADVOCATE R24 & R25 R12, R14, R17 – R20 SERVED – UNREPRESENTED R15 DELETED, R16 ABATED)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.06.2020 PASSED BY THE R-2 IN CASE VIDE ANNEXURE-A AND GRANT AN INTERIM
ORDER OF STAY STAYING THE EFFECT AND OPERATION OF THE IMPUGNED ORDER DATED 12.06.2020 PASSED BY THE
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NC: 2025:KHC:8415 WP No. 12913 of 2020 C/W WP No. 19427 of 2021 WP No. 18844 of 2022 AND 3 OTHERS
R-2 IN CASE VIDE ANNEXURE-A AND ALL FURTHER PROCEEDINGS PURSUANT THERETO, PENDING DISPOSAL OF THE ABOVE WRIT PETITIONS AND ETC. IN WP NO. 19427/2021 BETWEEN:
SRI R LAKSHMANA S/O LATE SHRI RAMEGOWDA AGED ABOUT 75 YEARS R/AT # 123/1, SHIVAGRAHA APARTMENTS A-1 2ND CROSS A MAIN ROAD NETAJI ROAD, THYAGARAJANAGAR 4TH BLOCK, BENGALURU - 560028 ...PETITIONER (BY SRI. KALYAN R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIKAS SOUDHA - 560001 REPRESENTED BY ITS SECRETARY
2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU NORTH SUB DIVISION KANDAYA BHAVANA BENGALURU - 560009
3. K N VASANTH S/O LATE SHRI K K NEELAKANTAPPA AGED ABOUT 61 YEARS KODLIPET - 571231 KODAGU. 4. SHRI M BABU
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S/O MUNIRANGAPPA R/O NO 51, 2ND CROSS KANAKANAPALYA II BLOCK JAYANAGAR, BENGALURU - 560011
5. SHRI V S KRISHNA S/O SHRI SUBBARAYA R/AT NO 253 10TH CROSS KORAMANGALA BENGALURU - 560034
6. SHRI S K MURALIMARAN S/O SHRI V S KRISHNA R/AT NO 253, 10TH CROSS KORAMANGALA, BENGALURU - 560034. 7. SMT YASHODA W/O LATE SHRI S V VENKATARAMA
8. SHRI. S.V. VASUDEV S/O LATE SHRI S V VENKATARAMA
9. SHRI S V LAKSHMANA DEV S/O LATE SHRI S V VENKATARAMA
10. SHRI S V PRABHUDEV S/O LATE SHRI S V VENKATARAMA
11. SMT S V MAMATHA D/O LATE SHRI S V VENKATARAM NO.7 TO 11 R/O NO 49 26TH B MAIN ROAD, PUTTAYYANAPALYA JAYANAGAR 9TH LAYOUT BENGALURU - 560069
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12. SHRI GOWDARA MAHALINGAPPA S/O LATE SHRI GOWDARA JAYADEVAPPA R/AT CHOWKIPET DAVANGERE – 577001
13. SDS TUBERCULOSIS RESEARCH CENTRE AND RAJIV GANDHI INSTITUTE OF CHEST DISEASES GOVERNMENT OF KARNATAKA HOSUR ROAD, BENGALURU - 560030 REPRESENTED BY ITS DIRECTOR
14. SRI MANOHAR CHANDRASEKHAR S/O LATE C PUTTASWAMY R/AT NO 14TH MAIN, BSK II STAGE BENGALURU - 560070
15.
SMT LALITHA RAMAPPA W/O SHRI K S RAMAPPA R/AT NO 148, 7TH MAIN 4TH CROSS J P NAGAR 3RD PHASE BENGALURU - 560078 RESPONDENT NO.15 DELETED AS PER COURT ORDER DT.14/3/2023
16. SMT UMA SHIVALINGAIAH W/O SHRI SHIVALINGAIAH R/A NO 524 F 8TH CROSS 7TH BLOCK WEST JAYANAGARA, BENGALURU - 560082
17. SMT VIJAYALAKSHMI BALAKRISHNA W/O SHRI BALAKRISHNA R/AT NO 316, 25TH CROSS 9TH MAIN BSK II STAGE, BENGALURU-560070
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18. SMT INDIRA GOWDA W/O SHRI A T GOWDA R/AT NO 2592 8TH MAIN ROAD BEHIND SARASWATHI HOSPITAL BSK II STAGE, BENGALURU - 560070
19. SRI V CHETAN S/O SHRI P VENUGOPAL R/AT NO 451 6TH CROSS 7TH BLOCK WEST 7TH T BLOCK WEST JAYANAGAR BENGALURU - 560027
20. SMT AMITA W/O SHRI PRASHANTH PRAKASH R/AT NO 110/8 KRISHNAPPA LAYOUT LALABAGH ROAD CROSS BENGALURU - 560027
21. BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU – 560002
22. THE CHIEF ENGINEER (SOUTH) DEPARTMENT OF BBMP SOUTH RANGE OFFICE COMPLEX 9TH CROSS 9TH MAIN II BLOCK JAYANAGAR, BENGALURU -560011 ...RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 & R2 SRI. I.THARANATH POOJARY., SR. COUNSEL FOR SRI.SHANMUKHAPPA., ADVOCATE FOR R3 SRI. HEMACHANDRA & SRI.M.YADAV MURTHY., ADVOCATES FOR R7 TO R11 SRI. M.MUNIRAJU., ADVCOATE FOR R12 SMT.SUMANA BALIGA M., AVOCATE FOR R13 SRI. SRINIVAS M KULKARNI., ADVOCATE FOR R17 TO R18 SRI.
S.N.PRASHANTH CHANDRA., ADVOCATE
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NC: 2025:KHC:8415 WP No. 12913 of 2020 C/W WP No. 19427 of 2021 WP No. 18844 of 2022 AND 3 OTHERS
FOR R21 & R22 R7, R8, R10, R11-R13, R19, R20 SERVED – UNREPRESENTED R14 HELD SUFFICIENT R4 TO R6 & R15 DELETED, R7 & R16 ABATED)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.06.2020 IN CASE PASSED BY THE R2 HEREIN AS PER ANNEXURE-A TO THE WRIT PETITION SO FAR AS PETITIONER IS CONCERNEDDIRECT THE R2 TO 4 TO ENTER THE NAME OF THE PETITIONER IN ALL THE REVENUE RECORDS IN RESPECT OF THE SCHEDULE PROPERTY. IN WP NO. 18844/2022 BETWEEN:
SHRI. K. N. VASANTH S/O SHRI. K.K. NEELAKANTAPPA AGED ABOUT 65 YEARS R/AT KODIPET 571231, KODAGU. ...PETITIONER (BY SRI.I.THARANATH POOJARY., SR. COUNSEL FOR SRI. SHANMUKHAPPA., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA 5TH FLOOR M.S. BUILDING BENGALURU 560 001
2. THE JOINT DIRECTOR OF LAND RECORDS CITY SURVEY, SOUTH ZONE K.R. CIRCLE, BENGALURU 560001. - 11 -
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3. THE ENQUIRY OFFICER CITY SURVEY -3, K.R. CIRCLE BENGALURU 560 001. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS CITY SURVEY -3, K.R. CIRCLE BENGALURU 560 001
5. THE SUPERINTENDENT S.D. S TUBERCULOSIS RESEARCH CENTRE AND RAJIV GANDHI INSTITUTE OF CHEST DISEASE, GOVERNMENT OF KARNTAKA HOSUR ROAD, 1ST BLOCK, JAYANAGAR BENGALURU 560 029 ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1 TO R4 SMT.
SUMANA BALIGA M., ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.30.4.2005 BEARING NO.E.O.CTS.3.MV.3/2004-05 PASSED BY THE R-3 IN RESPECT OF PROPERTY BEARING C.T.C. NO.813/1 AND 813/2 COMPRISED IN P.T. SHEET NO.535 L.A. NO.34 1ST BLOCK JAYANAGARA BENGALURU (LALBHAGH SIDDAPURA) PRODUCED AT ANNEXURE-R AND ETC. IN WP NO. 20830/2022 BETWEEN:
SDS TUBERCULOSIS RESEARCH CENTRE AND RAJIV GANDHI INSTITUTE OF CHEST DISEASES, AN AUTONOMOUS INSTITUTION OF GOVERNMENT OF KARNATAKA HOSUR ROAD, BENGALURU - 560029
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REP BY ITS DIRECTOR ...PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP BY TAHSILDAR BENGALURU NORTH TALUK BENGALURU – 560001. 2. SRI K N VASANTH S/O LATE SRI K K NEELAKANTAPPA R/A KOODLIPET, KODAGU DISTRICT-571231. 3. SRI R LAKSHMANA S/O LATE RAMEGOWDA R/A NO. 123/1 SHIVAGRAHA APARTMENT NETAJI ROAD, THYAGARAJANAGAR 4TH BLOCK, BENGALURU-560047. BY GPA HOLDER APASWAMY E S/O YATHIYAN R/A NO.101, KATALAMPATU VILLAGE MAKLUR POST, THIRUVANMALAY TALUK TAMILNADU. 4. SRI M BABU S/O MUNIRANGAPPA R/AT NO 51 2ND CROSS KANAKANAPALYA, 2ND BLOCK JAYANAGAR, BANGALORE-560011. - 13 -
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5. SRI V S KRISHNA S/O SUBBARAYAN R/A NO 253, 10TH CROSS KORAMANGALA, BANGALORE-560047
6. SRI S K MURALIMARAN S/O V S KRISHNA R/AT NO 253, 10TH CROSS KORAMANGALA, BENGALURU-560047
7. SMT YASHODA W/O S V VENKATARAM
8. SRI S V VASUDEV S/O S V VENKATARAM
9. SRI S V LAKSHMANA DEV S/O S V VENKATARAMU
10. SRI S V PRABHUDEV S/O S V VENKATARAMU
11. SRI S V MAMATHA D/O S V VENKATARAMU
RESPONDENTS NO.6 TO 10 ARE R/AT NO 49, 26TH B MAIN ROAD PUTTAYYAPALYA, JAYANAGAR 9TH LAYOUT BENGALURU-560069. 12.
SRI GOWDARA MAHALLGAPPA S/O LATE GOWDAR JAYADEVAPPA R/AT CHOKIPETE, DAVANGERE -577022
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13. SMT MANOHAR CHANDRASHEKAR S/O LATE C PUTTASWAMY R/AT 14TH MAIN B SK II STAGE BENGALURU -560070
14. SMT. LALITHA RAMAPPA W/O K.S. RAMAPPA R/A NO.148, 7TH MAIN, 4TH CROSS, J.P.NAGAR 3RD PHASE, BENGALURU-560078. 15. SMT. UMA SHIVALINGAIAH W/O SHIVALINGAIAH R/A NO.524 F/8TH CROSS 7TH BLOCK WEST, JAYANAGARA BENGALURU-560082. 16. SMT. VIJAYALAKSHMI BALAKRISHNA W/O BALAKRISHNA R/A 316, 25TH CROSS, 9TH MAIN BSK II ATAGE, BENGALURU-560070. 17. SMT. INDIRAGOWDA W/O A.T.GOWDA R/A NO.2592, 8TH MAIN ROAD BEHIND SRASWAMTHI HOSPITAL BSK II STAGE BENGALURU-560070. 18. SRI. V. CHETHAN S/O. P. VENUGOPAL R/A NO.451, 6TH CROSS, 7TH BLOCK(WEST) JAYANAGARA, BENGALURU-560027. - 15 -
NC: 2025:KHC:8415 WP No. 12913 of 2020 C/W WP No. 19427 of 2021 WP No. 18844 of 2022 AND 3 OTHERS
19. SMT. V. AMITHA W/O PRASHANTH PRAKASH R/A NO.110/8, KRISHNAPPA LAYOUT LALBAGH ROAD CROSS BENGALURU - 560027
20. SMT PRAMILA KRISHNAPPA REP. BY SRI ASHOK KRISHNAPPA S/O LATE SRI M V KRISHNAPPA R/A. NO 3364, 13TH CROSS 2ND MAIN ROAD SHASTRINAGAR, THYAGARAJANAGAR POST BENGALURU - 560029
21. SRI P VENUGOPAL S/O LATE DR C PUTTASWAMY R/A NO 451 6TH CROSS 7TH BLOCK WEST JAYANAGAR BENGALURU -560070
22. BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION CIRCLE, J C ROAD BENGALURU - 560002
23. THE CHIEF ENGINEER SOUTH B.B.M.P SOUTH RANGE OFFICE COMPLEX 9TH CROSS, 9TH MAIN 2ND BLOCK JAYANAGAR BENGALURU -560001 ...RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 SRI. I.THARANATH POOJARY., SR. COUNSEL FOR SRI. SHANMUKHAPPA., ADVOCATE FOR R2 SRI. KALYAN R., ADVOCATE FOR R3 SRI. S. HEMACHANDRA., ADVOCATE FOR R7 TO R11 SRI. R.S.RAVI., SR. COUNSEL FOR SRI.
M.V.CHANDRASHEKAR REDDY., ADVOCATE FOR R13 TO R21
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SRI. K.N.PUTTEGOWDA., ADVOCATE FOR R22 & R23 R12 - H/S, R5 & R6 SERVED – UNREPRESENTED)
THIS WP IS FILED UNER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO -QUASH THE IMPUGNED ORDER DTD 24.09.2020 PASSED BY THE R2 - SPECIAL DEPUTY COMMISSIONER, BENGALURU DISTRICT IN CASE NO.RRT(2) CR 5591)/2000-01 AS PER ANNEXURE- A AND GRANT AN INTERIM ORDER OF STAY, STAYING THE EXECUTION AND OPERATION OF THE IMPUGNED ORDER DTD 24.09.2020 IN CASE NO.RRT (2) CR 55 (1)/2000-01 AS PER ANNEXURE-A, ON THE FILE OF THE SPECIAL DEPUTY COMMISSIONER, BENGALURU DISTRICT AND ETC. IN WP NO. 9147/2023 BETWEEN:
SRI. K.N. VASANTH, S/O K K NEELAKANTAPPA AGED ABOUT 65 YEARS, R/AT KODLIPET KODAGU 571231 ...PETITIONER (BY SRI. I.THARANATH POOJARY., SR. COUNSEL FOR SRI. SHANMUKHAPPA., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA 5TH FLOOR, M S BUILDING, BENGALURU 560001
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2. THE SPECIAL DEPUTY COMMISSIONER I BENGALURU NORTH SUB DIVISION, BENGALURU DISTRICT BENGALURU 560002
3. THE STATE OF KARNATAKA REPRESENTED BY THE TAHSILDAR BENGALURU NORTH TALUK BENGALURU 560002
4. SRI R LAKSHMAN S/O LATE RAMEGOWDA R/AT NO 123/1, SHIVAGRAHA APARTMENT, NETAJI ROAD, THYAGARAJANAGAR, 4TH BLOCK, BENGALURU 560028
BY GPA HOLDER APPASWAMY E, S/O YATHIYAM R/AT NO 101, KATALAMPATY VILLAGE, MAKLUR POST, THIRUVANAMALAI TALUK, TAMIL NADU
5. SRI M BABU S/O MUNIRANGAPPA R/AT NO 51, 2ND CROSS, KANAKANAPALYA, 2ND BLOCK, JAYANAGAR BENGALURU 560011
6. SRI V S KRISHNA S/O SUBBARAYAN R/AT NO 253, 10TH CROSS, KORAMANGALA, BENGALURU 560047
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NC: 2025:KHC:8415 WP No. 12913 of 2020 C/W WP No. 19427 of 2021 WP No. 18844 of 2022 AND 3 OTHERS
7.
SRI S K MURALIMARAN S/O V S KRISHNA R/AT NO 253, 10TH CROSS, KORAMANGALA, BENALURU 560047
8. SMT YASHODHA W/O S V VENKATARAM,
9. SRI S V VASUDEFV S/O VENKATARAMU,
10. SRI S V LAKSHMANA DEV S/O VENKATARAMU,
11. SRI S V PRABHUDEV S/O S V VENKATARAMU,
12. SMT S V MAMATHA D/O S VVENKATARAMU,
RESPONENTS 8 TO 12 ARE R/AT NO 49, 26TH B MAIN, PUTTAPALYA, JAYANAGAR, 9TH BLOCK, BENGALURU 560069. 13. SRI GOWDARA MAHALINGAPPA S/O LATE GOWDAR JAYADEVAPPA RA/T CHOKIPETE DAVANAGERE 577022
14. S D S TUBERCULOSIS RESEARCH CENTRE AND RAJIV GANDHI INSTITUTE OF CHEST DISEASE GOVERNMENT OF KARNATAKA HOSUR ROAD, BENGALURU 560029
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15. SMT MANOHAR CHANDRASHEKAR W/O LATE C PUTTASWAMY R/AT NO 14TH MAIN BSK II STAGE BENGALURU 560070
16. SMT LALITHA RAMAPPA S/O OF K S RAMAPPA R/AT NO 148, 7TH MAIN, 4TH CROSS, J P NAGAR 3RD PHASE, BENGALURU 560078
17. SMT UMA SHIVALINGAIAH W/O SHIVALINGAIAH R/AT NO 524F, 8TH CROSS, 7TH BLCOK, WEST, JAYANAGARA, BENGALURU 560082
18. SMT VIJAYALAKSHMI BALAKRISHNA W/O BALAKRISHNA R/AT NO 316, 25TH CROSS, 9TH MAIN, BSK II STAGE BENGALURU 560070
19. SMT INDIRA GOWDA W/O A T GOWDA R/AT NO 2592, 8TH MAIN, BEHIND SARASWATHI HOSPITAL, BSK II STAGE BENGALURU 560070
20. SRI V CHETAN S/O V VENUGOPAL R/AT NO 451, 6TH CROSS, 7TH BLOCK WEST, JAYANAGAR, BENGALURU 560082
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21. SMT V AMITHA W/O PRASHANTH PRAKASH, R/AT NO 110/8, KRISHNAPPA LAYOUT, LALBAGH ROAD CROSS, BENGALURU 560027. 22. SMT PRAMILA KRISHNAPPA REP. BY SRI ASHOK KRISHNAPPA, S/O LATE M V KRISHNAPPA, R/AT NO 3364, 13TH CROSS, 2ND MAIN, SHASTRINAGAR, THYAGARAJANAGAR POST, BENGALURU 560029
23. SRI P VENUGOPAL S/O LATE C PUTTASWMAY R/AT NO 451, 6TH CROSS, 7TH BLOCK WEST, JAYANAGAR, BENGALURU 560070. 24.
BRUHATH BENGALURU MAHANAGARA PALIKE CORPORATION OFFICE, J C ROAD, BENGALURU 560002 REP BY ITS COMMISSIONER
25. THE CHIEF ENGINEER (SOUTH) B.B.M.P. DEPARTMENT SOUTH RANGE OFFICE COMPLEX, 9TH CROSS, 9TH MAIN, 2ND BLOCK, JAYANAGAR, BENGALURU 560011 ...RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 TO R3 & R4
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SRI. KALYAN R., ADVOCATE FOR R4 SRI. S. HEMACHANDRA., & SRI. M. YADAV MURTHY., ADVOCATES FOR R8 TO R12 SRI. R.S.RAVI., SR. COUNSEL FOR SRI. M.V.CHANDRASHEKAR REDDY., ADVOCATE FOR R15 TO R23 SRI. K.S.MALLIKARJUN REDDY.,ADVOCATE FOR R24 & R25 R7, R13 SERVED-UNREPRESENTED, R5 DEAD.)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 24.09.2020, PASSED BY NO.R.R.T(2) CR-55(1)2000- 01, BY THE R-2, RELATING TO SURVEY NO.24, MEASURING 4 ACRES 18 GUNTAS, SITUATED AT LALBAGH SIDDAPURA VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK, BENGALURU VIDE ANNX-A AND ETC. IN WP NO. 11274/2024 BETWEEN:
SRI K N VASANTH S/O K. K. NEELAKANTAPPA, AGED ABOUT 65 YEARS, R/A KODLIPET, KODAGU-571 231. ...PETITIONER (BY SRI. NATARAJ BABA K., ADVOCATE)
AND:
1. STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT, BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001. - 22 -
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2. STATE OF KARNATAKA MEDICAL EDUCATION DEPARTMENT, BY ITS CHIEF SECRETARY, M.S. BUILDING, BENGALURU-560 001. 3. THE CHIEF ENGINEER HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KARNATAKA, BENGALURU-560 001. 4. DIRECTORATE OF MEDICAL EDUCATION REPRESENTED BY ITS DIRECTOR, ANANDA RAO CIRCLE, BENGALURU-560 001. 5. SDS TUBERCULOSIS RESEARCH CENTRE AND RAJIV GANDHI INSTITUTE OF CHEST DISEASES GOVERNMENT OF KARNATAKA, HOSUR ROAD, BENGALURU-560 030, REPRESENTED BY ITS DIRECTOR. 6. KARNATAKA NURSING AND PARAMEDICAL SCIENCES EDUCATION (REGULATION) AUTHORITY FIRST FLOOR, LIBRARY BLOCK, BMC AND RI CAMPUS, K.R. ROAD, BENGALURU-560 002, REPRESENTED BY ITS SPECIAL OFFICER.
...RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 TO R4 SMT. SUMANA BALIGA., ADVOCATE FOR R5 SRI. A.RAVISHNAKAR., ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESOLUTION AND ORDER DATED 14/08/2020, BERING
ORDER NO. MED 284 MMC 2020 PASSED BY THE R2,
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RELATING TO SURVEY NO. 24, MEASURING 2 ACRES OUT OF 4 ACRES 18 GUNTAS, SITUATED AT LALBAUGH SIDDAPURA VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK, BENGALURU IDENTIFIED IN THE IMPUGNED ORDER AS LA-34, JAYANAGAR 1ST BLOCK, CTS NO. 813 VIDE ANNEXURE-A AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
COMMON ORAL ORDER
In all these writ petitions, the petitioners are aggrieved of an order passed by the Special Deputy Commissioner-I in suo motu proceedings initiated under Section 136 (3) of the Karnataka Land Revenue Act and therefore, all these writ petitions are clubbed, heard together and are being disposed of by this common order.
2. It is clear from the impugned order that one Sri K.Rajendra and Sri S.K. Muralimaran approached the Commissioner, BBMP for transfer of khata in respect of land to an extent of 1 acre in Sy.No.24 of Lalbagh
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Siddapura Village, Kasaba Hobli, Bangalore South Taluk contending that the land was granted by the Tahsildar under darkhast Rules. It was contended that by virtue of a family partition which took place on 23.10.1997 they are entitled for transfer of khata. On the other hand, another person by name Devagiri Panduranga, made a representation before the BBMP seeking transfer of khata contending that one Sri V.S.Krishna, who is a resident of Koramangala, by forging the documents claimed rights over the land in Sy.No.24. He further contended that Sy.No.24 of Lalbagh Siddapura Village, was owned by one Smt.Muninanjamma, W/o Sri Venkatappa and the same has been acquired by the Government in terms of a notification bearing No.PW 1880/1990 dated 12.08.1944 and the same was published in the Official Gazette on 29.09.1944. The acquisition was for the purpose of establishment of a Tuberculosis Sanatorium. The Commissioner, BBMP referred the matter to the
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revenue authorities for
consideration of the genuineness of the claim made by the parties. After obtaining report at the hands of the Tahsildar, an order was passed on 18.09.2003 concluding that the land measuring 4 acres and 18 guntas in Sy.No.24 was acquired for the benefit of SDS Sanatorium Hospital, Bengaluru, and the other claim made by Sri K.Rajendra and Sri S.K.Muralimaran etc., were not genuine.
3. Aggrieved by the said order dated 18.09.2003 Sri K.N.Vasanth, preferred W.P.No.43535/2003, while Sri B.R.Lakshmana filed W.P.No.4501/2006 before this Court. This Court passed an order on 18.11.2006 in W.P.No.43535/2003 while remanding the matter back to the Special Deputy Commissioner for fresh
consideration. Similar orders were also passed in W.P.No.4501/2006 and the matter was remanded back to the Special Deputy Commissioner. Several other persons impleaded themselves in the proceedings. Thereafter, the Special Deputy Commissioner passed
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an order on 31.10.2009 while coming to the conclusion that the entry made in the name of Smt.Muninanjamma in the revenue records is genuine and valid and by virtue of registered sale deed, mutation entries were carried out in the revenue records. It was found that by virtue of a sale deed executed through the Civil Court as well as confirmation deed dated 18.07.2009, entries were made in the revenue records pertaining to 3 acres and 8 guntas. In the meanwhile, one Sri R.Lakshmana, S/o late Ramegowda filed W.P.No.4671/2010. Similarly the SDS Tuberculosis and Research Centre also filed W.P.No.5512/2012 before this Court. This Court passed an order on 17.07.2012 in W.P.No.4671/2010 while coming to a conclusion that the land in question was acquired for the benefit of S.D.S.Tuberculosis Research Centre to an extent of 4 acres and 18 guntas. It was found that the SDS Tuberculosis Research Centre & Rajiv Gandhi Institute of Chest Diseases were
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in occupation and possession of 4 acres in 18 guntas in Sy.No.24. The writ petition was accordingly disposed of. 4. Pursuant to the orders passed in W.P.No.4671/2010, the Institute withdrew its writ petition in W.P.No.5512/2012. Sri R.Lakshman who was aggrieved of the orders passed by this Court filed W.A.No.5181/2012. The Hon’ble Division Bench, appears to have appointed an Advocate Commissioner to identify the actual situation of the properties. The Commissioner appears to have submitted a report before this Court, but the same was not made available to the Special Deputy Commissioner. Ultimately, the Division Bench, by order dated 24.06.2013 remanded the matter back to the Special Deputy Commissioner for fresh consideration. Pursuant to the directions issued by the Division Bench, the matter was reconsidered again at the hands of the Special Deputy Commissioner. - 28 -
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5.
The Deputy Commissioner has considered the
contentions raised by the private parties herein as against the claim of the SDS Research Centre, which contended that it was in possession by virtue of the acquisition made by the State Government.
6. Having considered all the contentions, the Special Deputy Commissioner has come to a conclusion that by virtue of preliminary and final notifications issued by His Highness Maharaja of Mysore, in a notification No.PW 1888/1990 dated 29.09.1944, an extent of 4 acres and 18 guntas of land in Sy.No.24 was acquired for the establishment of a Tuberculosis Centre.
7. It is found that all other claims regarding the grants subsequently made in the year 1972-73 issued are bogus, since the question of granting the same land which was already notified, acquired for the benefit of Tuberculosis Centre, would not arise.
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8. The impugned
order also takes into
consideration the claim of Sri Manohar Chandrashekar, S/o late Sri Puttaswamy, Smt.Lalitha Ramappa, Smt. Uma Shivalingaiah, Smt. Vijayalakshmi Balakrishna, Smt.Indiragowda, Sri V.Chethan and Smt.V.Amitha, respondents No.13 to 19 therein, who claimed easementary rights over the existing roads in Sy.No.24, while contending that they were the owners of Sy.No.114, which now measures about 21 guntas, as contended by the learned Senior Counsel Sri R.S.Ravi, who appeared for the said parties before this Court. 9. On the previous occasion, the submission of the learned Senior Counsel appearing for the said parties were placed on record while it was stated that since Sy.No.114 does not belong to the S.T.Sanitorium, but they have put up an obstruction on the road and their land is landlocked without any access, the said Institute and the State Government may acquire the lands. Thereafter, the said writ petitions in W.P.Nos.65/2022
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and 15433/2020 were delinked from these matters. It appears that two matters had today come up before the co-ordinate Bench and directions have been issued by the co-ordinate Bench that the matter can be considered at the hands of the Commissioner-BBMP in the matter of obstruction caused on public road. 10. Learned Senior Counsel Sri I.Tharanath Poojari, appearing for the petitioners in W.P.Nos.12913/2020, 11274/2024, 9147/2023 and 18844/2022 contended that the petitioners therein are the rightful owners of their respective properties, having regard to the registered documents. It was contended that the petitioners are in rightful occupation and possession of their respective lands. 11. Similarly learned counsel Sri Kalyan R., also contended that the petitioners in W.P.No.19427/2021 are in occupation and possession of land bearing Sy.No.24 measuring 3 acres 8 guntas pursuant to the grant dated 22.12.1979. The two learned Counsels
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have contended that the finding recorded by the Special Deputy Commissioner is without affording an opportunity of hearing to the parties and without considering the documents which are in possession of the parties. 12. Learned Counsel Sri Kalyan R., also submitted that the petitioners in W.P.No.19427/2021 had filed O.S.No.1781/2005 against the State Government and the SDS Sanitorium and there was an order of temporary injunction restraining the defendants.
But ultimately the suit was dismissed. It is contended that the respondent-Institute came before the Civil Court and submitted that it is not in the possession of the said extent of 3 acres and 8 guntas and that they have not put up any construction in the said extent of land. 13. Having heard the learned Senior Counsels, learned Counsels for the petitioners, learned counsel for the respondent-Research Institute, the learned AGA and on perusal of the petition papers, this Court is of
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the considered opinion that the petitioners are seeking to raise disputed questions of title. At any rate, it cannot be disputed at the hands of the petitioners that the lands in question have been part of the City Corporation of Bangalore, the Bangalore Mahanagara Palike and the Bruhat Bengaluru Mahanagara Palike and within the Master Plan of the Bangalore Development Authority. When disputed questions of title are sought to be raised, it is not permissible for the parties to approach the revenue authorities to seek redressal. 14. The Division Bench of this Court in the case of Smt.Jayamma And Others Vs. State of Karnataka and Others reported in ILR 2020 KAR 1449 has clearly held that revenue authorities shall not enter into disputed questions of title. Therefore, any amount of
contentions of the petitioners regarding the revenue entries will be of no consequence. Disputed questions of title are required to be considered only by a competent Civil Court.
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15. In that view of the matter, this Court is also of the considered opinion that the Special Deputy Commissioner could not have considered these
contentions only because the matter was referred to the Special Deputy Commissioner by the then Commissioner, BBMP to go into the genuineness of the claim made by Sri K.Rajendra and Sri S.K.Muralimaran. 16. The aggrieved persons are required to approach the competent Civil Court or raise a challenge to the acquisition notification, if at all it is permissible in law at this length of time. It is also trite that any observations made in the impugned order at the hands of the Special Deputy Commissioner shall be restrained only to the revenue entries and nothing more. The direction issued by the Special Deputy Commissioner to the Tahsildar, Bangalore North Taluk, to initiate appropriate criminal proceedings against respondents No.1 to 4 and 6 to 11 therein however, is required to be set aside and is accordingly set aside. If any of the
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parties approach the Civil Court, any observation made during the course of this order shall not prejudice the case of any of the parties before the Civil Court. 17. Insofar as W.P.No.20830/2022 is concerned which is filed at the hands of the Director of the S.D.S.Tuberculosis Research Centre, where the Special Deputy Commissioner, has passed an order on 24.09.2020 invoking the provisions contained in Section 67(2) of the Karnataka Land Revenue Act, declaring the subject road situated in Sy.No.24 in 1st Cross, Byrasandra, Bengaluru and the consequential direction issue to the BBMP to take steps to secure and maintain the said road for the purpose of general public, is also quashed and set aside. Since the finding of the Deputy Commissioner in his order as noticed hereinabove is that 4 acres and 18 guntas of land were acquired for the benefit of the Tuberculosis Hospital and Research Centre, such a finding could not have been recorded by the Special Deputy Commissioner declaring
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a part of the road found in the said lands as public road. 18. Liberty is reserved to the aggrieved persons to approach the Joint Commissioner of BBMP and seek such a declaration regarding public roads being formed in the lands in question.
If such a grievance is made out by any of the parties before the Commissioner or any other authority, the authority shall consider the same after calling for all relevant information from the SDS Tuberculosis Research Centre regarding the formation of the public road. 19. With these observations, the writ petitions stand disposed of accordingly. 20. Pending I.As., if any stand disposed of. Sd/- (R DEVDAS) JUDGE
JT/- CT: JL