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2025 DAILYLAW 77973 (KAR)

LAKSHMAMMA v. THE STATE OF KARNATAKA

WA/377/2025 · 2025-12-01

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50097-DB WA No. 377 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 377 OF 2025 (KVOA) BETWEEN: 1. LAKSHMAMMA W/O. LATE HANUMAIAH, AGED ABOUT 75 YEARS, 2. ANJINAPPA S/O. LATE HANUMAIAH, AGED ABOUT 56 YEARS, 3. SRIRAM S. S/O. LATE HANUMAIAH, AGED ABOUT 47 YEARS, 4. HANUMANTHA RAJU S/O LATE HANUMAIAH AGED ABOUT 43 YEARS 5. CHOWDAPPA S/O. LATE HANUMAIAH, AGED ABOUT 41 YEARS, 6. NINGAMMA W/O. LATE HANUMAIAH, AGED ABOUT 54 YEARS, 7. MUNIYAMMA, D/O. HANUMANTHARAYAPPA, AGED ABOUT 61 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50097-DB WA No. 377 of 2025 8. NEELAMMA D/O. HANUMANTHARAYAPPA, AGED ABOUT 38 YEARS, 9. ANJINAMMA D/O. HANUMANTHARAYAPPA, AGED ABOUT 45 YEARS, 10. MARUTHI, S/O. HANUMANTHARAYAPPA, AGED ABOUT 43 YEARS, 11. HANUMAKKA W/O. LATE SIDDAPPA, AGED ABOUT 56 YEARS, 12. MUNIYAPPA, S/O. LATE BYLA, AGED ABOUT 73 YEARS, 13. MARUTHI, S/O. LATE HANUMAKKA, AGED ABOUT 28 YEARS, 14. KUSUMA, D/O. LATE HANUMAKKA, AGED ABOUT 32 YEARS ALL THE APPELLANTS ARE RESIDING AT A. K. COLONY, THARABANAHALLI VILLAGE, HESARAGATTA HOBLI, BANGALORE NORTH TALUK BANGALORE-560090. …APPELLANTS (BY SRI. SHIVA PRASAD NAYAK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANASOUDHA, - 3 - HC-KAR NC: 2025:KHC:50097-DB WA No. 377 of 2025 AMBEDKAR VEEDHI, BENGALURU-560001 2. THE DEPUTY COMMISSIONER OF BENGALURU, KANDYA BHAVAN, K. G. ROAD, BENGALURU-560009. 3. THE ASSISTANT COMMISSIONER OF BENGALURU NORTH, KANDYA BHAVAN, K. G. ROAD, BENGALURU-560009 4. THE TAHSILDAR OF BENGALURU, NORTH TALUK, YALAHANKA, BENGALURU-56004 5. M. P. SRINATH NAIDU, S/O. LATE M. G. PARTHASARATHY, AGED ABOUT 62 YEARS, RESIDING AT NO. 46, 6TH CROSS, TELEPHONE NAGAR, PERUGUNDI, CHENNAI-600096 6. DWARAKANATH NAIDU, S/O. LATE M. G. PARTHASARATHY, AGED ABOUT 66 YEARS, RESIDING AT NO. 168, 1ST MAIN, 1ST CROSS, RAMCO LAYOUT, SAHAKARANAGAR, BENGALURU-560092 7. BHUVAN RAVI, W/O. LATE RAVINDRANATH NAIDU, AGED ABOUT 51 YEARS, 8. SWATHI RAVI, D/O. LATE RAVINDRANATH NAIDU, AGED ABOUT 28 YEARS, BOTH RESPONDENT NO. 7 AND 8 ARE RESIDING AT NO. 32, 13TH MAIN, 3RD CROSS, SUBBAIAH HOSPITAL, MATHIKERE EXTENSION, - 4 - HC-KAR NC: 2025:KHC:50097-DB WA No. 377 of 2025 MSRIT, BENGALURU-560054 9. SURENDRANATH NAIDU, S/O. LATE M. G. PARTHASARATHY, AGED ABOUT 59 YEARS, RESIDING AT NO. 101, F1, BALAJI RESIDENCY, BEML, 4TH STAGE, OPPOSITE BBMP PARK, RAJARAJESHWARI NAGARA BENGALURU-560098 10. RAJENDRANATH NAIDU, S/O. LATE M. G. PARTHASARATHY, AGED ABOUT 57 YEARS, RESIDING AT NO. 7, FAIR MEADOWS, 5TH CROSS, 4TH MAIN, PAMPA EXTENSION, KEMAPURA, OPPOSITE TO MARGE GLORIOUS CHURCH, BANGALORE-560024, 11. KESHAVALAL B., S/O. LATE GOPAL, AGED ABOUT 62 YEARS, RESIDING AT NO. 6/7, NEAR RAILWAY STATION, CHIKKABANAVARA, BANGALORE-560090 …RESPONDENTS (BY SMT NAMITHA MAEHSH B G, AGA FOR R1 TO R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 01.02.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 26934/2023 AND CONSEQUENTLY ALLOW THE WRIT APPEAL AS PRAYED FOR, IN THE INTERESTS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 5 - HC-KAR NC: 2025:KHC:50097-DB WA No. 377 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. POONACHA) 1. The present appeal is filed calling in question the order dated 01.02.2025 passed in W.P. No.26934/2023. The learned Single Judge recorded the submission made by the respondents that the Tahsildar has passed an order dated 10.10.2022 on merits. The writ petition which was filed challenging the order dated 26.09.2022 passed in M.A. No.101/2020 by the VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. The said order dated 26.09.2022 having been given effect to, the writ petition was dismissed as not maintainable. It was observed that the writ petitioners were at liberty to file an appeal against the order passed by the Tahsildar. 2. It is forthcoming that vide the order dated 26.09.2022 passed in MA No.101/2020, the order dated 03.11.2010 passed by the Tahsidlar in HOA CR No.32/2001-02 was set aside and the Tahsildar was directed to reconsider the case putforth in terms of the revenue record. As noticed by the learned Single Judge, the Tahsildar has subsequently passed an order on merits on 10.10.2022. - 6 - HC-KAR NC: 2025:KHC:50097-DB WA No. 377 of 2025 3. In view of the aforementioned, we find no infirmity with the order passed by the learned Single Judge. The appeal is accordingly, dismissed as being devoid of merit. 4. Pending I.As. if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 16