Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:26585 WP No. 20619 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 20619 OF 2025 (KLR-RES) BETWEEN:
1. SMT. J SHYLA, DAUGHTER OF LATE JANARDHANA REDDY, AGED ABOUT 54 YEARS, RESIDING AT CHOWDESHWARI MAIN ROAD, NEAR CHOWDESHWARI TEMPLE, YEMALURU VILLAGE, BENGALURU - 560 037. 2. SMT. J. VEENA DAUGHTER OF LATE JANARDHANA REDDY, AGED ABOUT 52 YEARS, RESIDING AT CHOWDESHWARI MAIN ROAD, NEAR CHOWDESHWARI TEMPLE, YEMALURU VILLAGE, BENGALURU - 560 037. 3. SRI. J. SHIVASHANKAR SON OF LATE JANARDHANA REDDY, AGED ABOUT 49 YEARS, RESIDING AT CHOWDESHWARI MAIN ROAD, NEAR CHOWDESHWARI TEMPLE, YEMALURU VILLAGE, BENGALURU - 560 037. 4. SMT. JAYAMMA WIFE OF LATE SATHYANARAYANA REDDY,
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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AGED ABOUT 64 YEARS, RESIDING AT NO. 744, 26TH MAN ROAD, 2ND B CROSS, 1ST CROSS, HSR LAYOUT, BENGALURU-560 011. 5. SMT. SOWMYA DAUGHTER OF LATE SATHYANARAYANA REDDY, AGED ABOUT 64 YEARS, RESIDING AT NO. 744, 26TH MAN ROAD, 2ND B CROSS, 1ST CROSS, HSR LAYOUT, BENGALURU - 560 011. 6. SRI. Y. A. NEELAKANTA REDDY SON OF LATE ANNAIAH REDDY, AGED ABOUT 71 YEARS, RESIDING AT CHOWDESHWARI MAIN ROAD, YEMALUR VILLAGE, BENGALURU - 560 037. …PETITIONERS (BY SRI. T.N. VISWANATHA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE JOINT DIRECTOR OF LAND RECORDS BENGALURU DIVISION, K.R. CIRCLE, BENGALURU - 560 001. - 3 -
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3. THE DEPUTY DIRECTOR OF LAND RECORDS HEAD QUARTERS ASSISTANT, BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT, K.R. PURAM, BENGALURU EAST TALUK, BENGALURU - 560 036. 5. THE TAHASILDAR K.R. PURAM, BENGALURU EAST TALUK, BENGALURU - 560 036. 6. THE TALUK SURVEYOR K.R. PURAM, BENGALURU EAST TALUK, BENGALURU - 560 036. 7. SMT. AMMAYYAMMA WIFE OF LATE R. SHAMANNA REDDY, AGED ABOUT 86 YEARS, RESIDING AT NO. 232, MUNESHWARA TEMPLE ROAD, YEMALURU VILLAGE, BENGALURU - 560 037. 8. SMT.
SHANTHAMMA DAUGHTER OF LATE R. SHAMANNA REDDY, AGED ABOUT 66 YEARS, MUNESHWARA TEMPLE ROAD, YEMALURU VILLAGE,
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BENGALURU - 560 037. 9. SMT. VARALAKSHMI DAUGHTER OF LATE R. SHAMANNA REDDY, AGED ABOUT 60 YEARS, MUNESHWARA TEMPLE ROAD, YEMALURU VILLAGE, BENGALURU - 560 037. 10. SRI. SATHISH REDDY SON OF LATE R. SHAMANNA REDDY, AGED ABOUT 58 YEARS, MUNESHWARA TEMPLE ROAD, YEMALURU VILLAGE, BENGALURU-560 037. 11. SMT. NAGARATHNA DAUGHTER OF LATE R. SHAMANNA REDDY, AGED ABOUT 56 YEARS, MUNESHWARA TEMPLE ROAD, YEMALURU VILLAGE, BENGALURU - 560 037. 12. SRI. S. RAJENDRA SON OF LATE R. SHAMANNA REDDY, AGED ABOUT 64 YEARS, MUNESHWARA TEMPLE ROAD, YEMALURU VILLAGE, BENGALURU - 560 037. 13. SMT. KANTHAMMA WIFE OF LATE PATTABHIRAMA REDDY, AGED ABOUT 82 YEARS, RESIDING AT NO. 63 MUNESHWARA TEMPLE ROAD,
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YEMALURU VILLAGE, BENGALURU - 560 037. 14. SRI. P. LOKESH REDDY SON OF LATE PATTABHIRAMA REDDY, AGED ABOUT 60 YEARS, RESIDING AT NO. 63 MUNESHWARA TEMPLE ROAD, YEMALURU VILLAGE, BENGALURU - 560 037. 15. SRI. P. SOMASHEKHARA REDDY SON OF LATE PATTABHIRAMA REDDY, AGED ABOUT 57 YEARS, RESIDING AT NO. 63 MUNESHWARA TEMPLE ROAD, YEMALURU VILLAGE, BENGALURU-560 037. 16. SRI P. PRAVEEN REDDY, BON OF LATE PATTABHIRAMA REDDY, AGED ABOUT 53 YEARS, RESIDING AT NO.03, MUNESHWARA TEMPLE ROAD, YEMALURU VILLAGE, BENGALURU - 560 037. 17. SRI RAVISHANKAR REDDY, SON OF LATE PATTABHIRAMA REDDY, AGED ABOUT 58 YEARS, RESIDING AT NO.63, MUNESHWARA TEMPLE ROAD, YEMALURU VILLAGE, BENGALURU-560 037. - 6 -
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18. SMT. SAVITHRAMMA, WIFE OF LATE KRISHNA REDDY, AGED ABOUT 64 YEARS, RESIDING AT LAKSHMINARASIMHA NILAYA, IDGA COLONY, WARD NO.3, GANGAVATHI, KOPPAL - 583 227. 19. SRI K. PRADEEP, SON OF LATE KRISHNA REDDY, AGED ABOUT 38 YEARS, RESIDING AT LAKSHMINARASIMHA NILAYA, IDGA COLONY, WARD NO.3, GANGAVATHI, KOPPAL - 583 227. 20. SMT.
PUSHPA, DAUGHTER OF LATE KRISHNA REDDY, AGED ABOUT 34 YEARS, RESIDING AT LAKSHMINARASIMHA NILAYA, IDGA COLONY, WARD NO.3, GANGAVATHI, KOPPAL - 583 227. 21. SMT. VENKATAMMA DAUGHTER OF LATE NANDILAYA, MAJOR, RESIDING AT NO.4-A, LAVELLE REGENCY. NO.54, LAVELLE ROAD, BENGALURU - 560 001. 22. SMT. GAYATHRI K.K.
WIFE OF LATE Y.A. PRAKASH REDDY, AGED ABOUT 59 YEARS, RESIDING AT NO.236, REDDY COLONY, YEMALURU, BENGALURU - 560 037. 23. SMT. CHANDANA REDDY P.
DAUGHTER OF LATE Y.A. PRAKASH REDDY,
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AGED ABOUT 38 YEARS, RESIDING AT NO.236, REDDY COLONY, YEMALURU, BENGALURU - 560 037. 24. SMT. BINDU REDDY P DAUGHTER OF LATE Y.A. PRAKASH REDDY, AGED ABOUT 36 YEARS, RESIDING AT NO.236, REDDY COLONY, YEMALURU, BENGALURU - 560 037. 25. SMT. CHAITRA REDDY P.
DAUGHTER OF LATE Y.A. PRAKASH REDDY, AGED ABOUT 31 YEARS, RESIDING AT NO.236, REDDY COLONY, Y EMALURU, BENGALURU - 560 037. 26. SMT. SARASAVANI, WIFE OF LATE Y.M. THIMMA REDDY, AGED ABOUT 69 YEARS, RESIDING AT MUNESHWARA TEMPLE STREET, REDDY COLONY, YEMALURU VILLAGE, BENGALURU - 560 037. 27. SRI MADHUSUDAN. SON OF LATE Y.M. THIMMA REDDY, AGED ABOUT 45 YEARS, RESIDING AT MUNESHWARA TEMPLE STREET, REDDY COLONY, YEMALURU VILLAGE, BENGALURU - 560 037. 28. SMT. ANJANA, DAUGHTER OF LATE Y.M. THIMMA REDDY, AGED ABOUT 41 YEARS, R ESIDING AT MUNESHWARA TEMPLE STREET, REDDY COLONY, YEMALURU VILLAGE,
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BENGALURU - 560 037. 29. SMT. SUNITHA DAUGHTER OF LATE Y.R. VENUGOPALA REDDY, AGED ABOUT 72 YEARS, RESIDING AT NO.1067, 12TH 'A' MAIN ROAD, H.A.L. 2ND STAGE, INDIRANAGAR, BENGALURU - 560 038. 30. SMT. Y. BHARATHI, WIFE OF LATE Y.R. VIJAYA KUMAR, AGED ABOUT 62 YEARS, RESIDING AT NO.411, 4TH FLOOR, 'C' BLOCK, VANASHREE EDLORADO, OUTER RING ROAD, MARATHAHALLI, BENGALURU - 560 037. 31. SRI YATHINDRA Y.V,, SON OF LATE Y.R. VIJAYA KUMAR, AGED ABOUT 36 YEARS, RESIDING AT NO.411, 4TH FLOOR, 'C' BLOCK, VANASHREE EDLORADO, OUTER RING ROAD, MARATHAHALLI, BENGALURU - 560 037. 32. SMT.
ANUSUYA B. REDDY. WIFE OF LATE H.A. BASI REDDY. DAUGHTER OF LATE Y.N. RAMU. AGED ABOUT 82 YEARS, RESIDING AT BEHIND SWAMY VIVEKANANDA ASHRAM, HOODI VILLAGE, MAHADEVAPURA POST, BENGALURU - 560 048. 33. SMT. PREMA S. REDDY, WIFE OF 1. SADASHIVA REDDY,
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DAUGHTER OF Y.N. RAMU, AGED ABOUT 80 YEARS, RESIDING AT NO.30, 3ND 'A' CROSS, 18TH MAIN, 2ND STAGE, BTM LAYOUT, BENGALURU - 560 076. 34. SMT, VINUTHA K.
WIFE OF N.M. KRISHNA REDDY, DAUGHTER OF LATE Y.N. RAMU, AGED ABOUT 70 YEARS, RESIDING AT NO.290, 1ST MAIN ROAD, DODDANEKKUNDI, BENGALURU - 560 037. 35. SMT. ARUNA REDDY, WIFE OF GOPAL REDDY, DAUGHTER OF LATE Y.N. RAMU, AGED ABOUT 63 YEARS, RESIDING AT NO.491, 15TH 'D' MAIN, 15TH 'B' CROSS, 4TH SECTOR, HSR LAYOUT, BENGALURU - 560 102. 36. SMT. GEETHA C WIFE OF THIMMA REDDY, AGED ABOUT 58 YEARS, RESIDING AT NO. 141, YEMALURU MAIN ROAD, RAJU COLONY, BENGALURU - 560 037. 37. SMT. GAYATHRI S.
WIFE OF SRI M. SURESH, AGED ABOUT 28 YEARS, RESIDING AT NO.76, 2ND CROSS, NEAR YELLAMMA TEMPLE, MUNEKOLALA, BENGALURU - 560 037. - 10 -
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38. SMT. VASANTHA M.
DAUGHTER OF T. MUNIREDDY, WIFE OF SOMASHEKHARA REDDY P.
AGED ABOUT 46 YEARS, RESIDING AT NO.228, 4TH CROSS, REDDY COLONY, BENGALURU - 560 037. 39. SMT. M. ANNAPURNA @ANAPURNA M.
AGED ABOUT 45 YEARS, RESIDING AT MUNESHWARA TEMPLE ROAD, YEMALURU VILLAGE, BENGALURU - 560 037. …RESPONDENTS (BY SRI. SIDDHARTH BABU RAO, AGA FOR R1 TO R6; SRI.
M. SHIVAPARAKASH, ADVOCATE FOR R7 TO R17)
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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.06.2025 PASSED IN REVISION PETITION (URBAN) 04/24-25 ON THE FILE OF THE 2ND RESPONDENT VIDE ANNEXURE-A AND THE IMPUGNED ORDER DATED 30.04.2025 PASSED IN APPEAL NO.192/2019-20 VIDE ANNEXURE-B ON THE FILE OF THE 3RD RESPONDENT AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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ORAL ORDER Learned AGA accepts notice for the respondents no.1 to 6.
2. Heard learned counsel for the parties.
3. In this writ petition, the petitioners are assailing the
order dated 11.06.2025 passed by Respondent No.2 in Revision Petition No.04/2024-25 and the impugned order dated 30.04.2025 passed by respondent no.3 in Appeal No.192/2019-
20.
4. Sri T.N.Viswanatha, learned counsel appearing for the petitioners, invited the attention of the Court to the finding recorded by respondent no.3 vide order dated 30.04.2024 (Annexure-B) and also the order sheet (Annexure-AF), wherein the report of the Assistant Director of Land Records (ADLR), so far as the spot inspection to be made with regard to the discrepancy of the land in question, is called for. In this regard, it is contended that, a fair opportunity has not been provided to the petitioners herein to look into the report of the ADLR filed before respondent no.3 and therefore, he contended that, though the order has been passed to conduct spot inspection, without there being an order with regard to the
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survey of the land in question, the proceedings before respondent no.3 requires to be set aside as respondent no.3 has remitted the matter to the ADLR to reconsider the matter afresh. Accordingly, sought for interference of this Court.
5. Learned counsel for respondents no.7 to 39 sought to justify the impugned order at Annexure-B with regard to remanding the matter to the ADLR. He submitted that the
order at Annexure-B has been passed considering the report made by the ADLR and further, in view of the fact that, the
order of remand has been made as per Annexure-B, no interference is required to be called for in this writ petition as, the said order of remand has been confirmed by respondent no.2 vide order dated 11.06.2025 (Annexure-A) and therefore, sought for dismissal of the writ petition.
6. Learned AGA submitted on similar lines and further contended that, the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India is very limited insofar as the order of remand is concerned. Accordingly, sought for dismissal of the petition.
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7. In the light of the submission made by the learned counsel for the parties and on careful examination of the writ papers, it would indicate that, respondent no.3 herein has remanded the matter to respondent no.4 to reconsider the issue relating the Hissa and Phodi made earlier and, in this regard, on careful examination of the order sheet maintained before Respondent No.3 would makes it clear that, the report of the ADLR has been sought and therefore, no opportunity has been made available to the petitioners herein to have a say in the matter.
8. In that view of the matter, I find force in the submission made by the learned counsel for the petitioners to that effect respondent no.3 ought to have given an opportunity of hearing to the petitioners herein with regard to the report of the ADLR to have a say in the matter.
9. Accordingly, the following order is passed :
ORDER i) Writ petition is allowed;
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ii) The order of remand made by respondent no.3 at Annexure-B dated 30.04.2024 is liable to be quashed and the matter is remitted to respondent no.3 to reconsider the issue afresh in terms of the observations made above; iii) Consequently, as the order of remand at Annexure-B is hereby set aside, the order dated 11.06.2025 (Annexure-A) passed by respondent no.2, is required to be set aside and, is accordingly set aside; iv) It is made clear that, all the contentions of the parties are kept open to be raised before respondent no.3. Needless to say that respondent no.3 shall expedite hearing. Sri M Shivaprakash, learned counsel is granted two weeks time to file power on behalf of the other respondents.
SD/- (E.S.INDIRESH) JUDGE
rs List No.: 1 Sl No.: 44 CT: BHK