- 1 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1574 OF 2025 (LR) BETWEEN: 1. MR. H KEMPAIAH SINCE DECEASED REP. BY LRs., YASHODAMMA W/O LATE H KEMPAIAH, AGED ABOUT 85 YEARS, R/AT BAGALUR VILLAGE, JALA HOBLI, DEVANAHALLI TALUK, BENGALURU-562 100. 2. K NAGARATHNAMMA W/O NARAYANASWAMY AND D/O LATE H KEMPAIAH, AGED ABOUT 65 YEARS, R/AT ATTIBELE BILLAGE, SULEBEL HOBLI, HOSKOTE TALUK, BENGAURU RURAL DISTRICT-562 114. 3. K VIMALAMMA W/O LATE JAYARAMAIAH, D/O LATE H KEMPAIAH, AGED ABOUT 62 YEARS, KAIDARA MARG, GANDHINAGAR BENGALURU-560009. 4. NARAYANA GOWDA S/O LATE H KEMPAIAH, AGED ABOUT 59 YEARS, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 BAGALOOR, JALA HOBLI, DEVANAHALLI TALUK, BENGALURU-562100. 5. K RADHA W/O G NARYANGOWDA, D/O LATE H KEMPAIAH, AGED ABOUT 56 YEARS, MATTHAGADAHALLI, KAIVARA HOBLI, CHINTAMANI TALUK, KOLAR DISTRICT-563125. 6. MAMATHA W/O LATE RAMACHANDRAGOWDA, D/O LATE H KEMPAIAH, AGED ABOUT 55 YEARS, NO. 22 II A MAIN, BENGALURU-560084. 7. SMT K CHANDRIKA W/O K V SREENIVAS REDDY, D/O LATE H KEMPAIAH, AGED ABOUT 52 YEARS, R/AT YELLUKATTE, SRINGERI TALUK, CHIKMANGALURU DISTRICT-562101. 8. B K RENUKA W/O CHANDRASHEKAR D/O LATE H KEMPAIAH, AGED ABOUT 52 YEARS, KANNIGENAHALI CHIKBALAPURA TALUK, KOLAR DISTRICT-562101. REPRESENTED BY APPELLANT NOS.1 TO 8 GENERAL POWER OF ATTORNEY MR. NARAYANA GOWDA …APPELLANTS (BY SRI. DHYAN CHINNAPPA, SENIOR COUNSEL ALONG WITH SMT. NIKITA GANESH, ADVOCATE FOR SRI. SUNDARA RAMAN M V., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 AND: 1. ADDITIONAL LAND TRIBUNAL BANGALORE NORTH TALUK, BENGALURU-560 004. 2. THE STATE OF KARNATAKA BY THE DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001. 3. THE TAHSILDAR BANGALORE NORTH ADDITIONAL TALUK BENGALURU-560004 MUNIBYRAPPA, SINCE DECEASED REP. BY LRs., M.RAMANNA, S/O MUNIBYRAPPA, SINCE DECEASED REP. BY LRs., 4. SRI GANESH S/O LATE NARAYANASWAMY AGED ABOUT 35 YEARS 5. B R MUNIRAJU S/O LATE RAMANNA AGED ABOUT 62 YEARS 6. SRI LAKSHMANAGOWDA S/O LATE RAMANNA AGED ABOUT 58 YEARS 7. SRI LAKSHMANAMURTHY S/O LATE RAMANNA AGED ABOUT 50 YEARS R-4 TO R-8 ALL ARE R/AT BUDDIGERE VILLAGE AND POST CHANNARAYANAPATTNA HOBLI - 4 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 BANGALORE RURAL DISTRICT-573116 M.KRISHNAPPA, SINCE DECEASED REP. BY LRs., SONNAMMA, SINCE DECEASED REP. BY LRs., 8. SHRI K SRINIVAS GOWDA S/O LATE KRISHNAPPA 9. SRI K MANJUNATH S/O LATE KRISHNAPPA R/AT BOODIGERE VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562100 NANJAPPA, SINCE DECEASED REP. BY LRs., SONAPPA SINCE DECEASED REP. BY LRs., 10. SMT BYAYYAMMA W/O LATE SONNAPPA 11. SHRI T S MUNIRAJAPPA S/O LATE SONNAPPA 12. SHRI T S NARAYANASWAMY S/O LATE SONNAPPA 13. SHRI S VEERANNA S/O LATE SONNAPPA 14. SHRI S MUNIYAPPA S/O LATE SONNAPPA 15. SHRI VENKATASWAMAPPA S/O N RAMAIAH - 5 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 N RAMAIAH SINCE DECEASED REP. BY LRs., 16. SMT KAMALAMMA W/O LATE N RAMAIAH AGE ABOUT 63 YEARS 17. SHRI R THYAGARAJ S/O LATE N RAMAIAH AGE ABOUT 54 YEARS 18. SHRI R KEMPARAJU S/O LATE N RAMAIAH AGE ABOUT 48 YEARS 19. SHRI R NENJEGOWDA S/O LATE N RAMAIAH AGE ABOUT 43 20. SHRI R MAHESHGOWDA S/O LATE N RAMAIAH AGE ABOUT 40 YEARS R-16 TO R-20 ALL ARE RESIDING AT THIRUMALENAHALLI, MANDUR POST, BIDARAHALLI HOBLI, BANGALORE EAST TALUK BANGALORE 560049 21. SHRI N KRISHNAPPA S/O LATE NANJAPPA 22. SRI N RAJANNA S/O LATE NANJAPPA N.MUNIRATHNA, S/O LATE NANJAPPA, SINCE DECEASED REP. BY LRs., 23. SMT NANDHINI W/O LATE MUNIRATHNA AGED ABOUT 55 YEARS - 6 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 24. SHRI M AVINASH S/O LATE MUNIRATHNA AGED ABOUT 29 YEARS 25. SRI M RITESH S/O LATE MUNIRATHNA AGED ABOUT 29 YEARS R-25 TO R-27 ALL ARE RESIDING AT THIRUMALENAHALLI, MANDUR POST, BIDARAHALLI HOBLI, BANGALORE EAST TALUK-562129 MUNISWAMAPPA @ DODDANNA SINCE DECEASED REP. BY LRs., SHRI NANJAPPA @ DODDANANJAPPA, S/O MUNISWAMAPPA @ DODDANNA SINCE DECEASED REP. BY LRs., 26. SMT CHIKKAMUNIYAMMA W/O LATE NANJAPPA @ DODDANANJAPPA AGED ABOUT 69 YEARS 27. SHRI BYANNA S/O LATE NANJAPPA @ DODDANANJAPPA AGED ABOUT 59 YEARS 28. SHRI MUNIRAJU S/O LATE NANJAPPA @ DODDANANJAPPA AGED ABOUT 47 YEARS NARAYANASWAMY, S/O LATE NANAJAPPA @ DODDANANJAPPA, SINCE DECEASED REP. BY LRs., 29. SMT PARVATHAMMA W/O LATE NARAYANASWAMY AGE ABOUT 53 YEARS - 7 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 30. SHRI RAMESHA S/O LATE NARAYANASWAMY AGE ABOUT 29 YEARS 31. SHRI MADHU S/O LATE NARAYANASWAMY AGE ABOUT 25 YEARS CHIKKANNA, SINCE DECEASED REP. BY LRs., 32. SHRI NAGARAJU @ NAGARAJAPPA S/O LATE CHIKKANNA AGE ABOUT 57 YEARS 33. SHRI JAYARAJU S/O LATE CHIKKANNA AGE 52 YEARS 34. SRI SHEKARA S/O LATE CHIKKANNA AGE 46 YEARS R-32 TO R-34 ARE RESIDING AT THIRUMALENAHALLI MANDUR POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK-562 129 T.KEMPARAJU, SINCE DECEASED REP. BY LRS., 35. SMT SHANTHAMMA D/O LATE KEMPARAJU AGE ABOUT 62 YEARS 36. SMT MANJULA D/O LATE KEMPARAJU AGE ABOUT 54 YEARS 37. SMT THYAGARI G K S/O LATE KEMPARAJU - 8 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 AGED ABOUT 58 38. SMT GEEETHA D/O LATE KEMPARAJU AGED ABOUT 53 YEARS 39. SMT NALINA D/O LATE KEMPARAJU AGED ABOUT 59 YEARS 40. SMT. SUJATHA W/O LATE NARAYANASWAMY AGED ABOUT 59 YEARS 41. SRI NAVEEN S/O LATE NARAYANASWAMY AGED ABOUT 36 YEARS 42. SRI MANOHAR S/O LATE NARAYANASWAMY AGED ABOUT 34 YEARS 43. MS.SOWMYA D/O LATE NARAYANASWAMY AGED ABOUT 32 YEARS R-39 TO 45 ALL ARE RESIDING AT GANAGALOUR VILLAGE, KASABA HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562114 …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R-1 TO R-3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WP NO.23144/2017 AND SET ASIDE THE ORDER DATED 27/09/2024 BY THE LEARNED SINGLE JUDGE IN WP NO.23144/2017 AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 9 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The instant writ appeal has been filed along with I.A.No.1/2025 seeking to condone the delay of 326 days, impugning the judgment and order dated 27.09.2024 passed in W.P.No.30369/2017 c/w W.P.No.23144/2017 and 24109/2017 and 27409/2017. 2 For the sake of convenience the parties are referred to as per their ranking before the learned Single Judge. 3. The above mentioned writ petitions were filed by the petitioners claiming occupancy rights over the land bearing Survey Nos.1 to 104 of Chalamakunte, Jala Hobli, Bengaluru North Taluk admeasuring 501 acres 5 guntas. The learned Single Judge vide common judgment and order impugned in this writ appeal allowed W.P. Nos.30369/2017, 27409/2017, 24109/2017 and disposed - 10 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 off W.P.No.23144/2017. The operative portion of impugned judgment and order passed by the learned Single Judge reads as under :- "1) Writ Petition No.27409 of 2017 is allowed and finding recorded by the Land Tribunal, Bengaluru North (Additional) Taluk, Bengaluru in the impugned order dated 22nd May, 2017 in Case No.INA.CR.01/1997-98 is set-aside in respect of claim made by the petitioner-T. Kemparaju and therefore, Revenue Authorities are directed to mutate the records in the name of legal representatives of T. Kemparaju in respect of the land to an extent of 160 acres, which is the subject matter in Original Suit No. 93 of 1953, (Execution Petition No. 151 of 1964; 2) Writ Petition Nos.30369 of 2017 and 24109 of 2017 are allowed by setting aside the order dated 22nd May, 2017 in Case No. INA.C.R.01/97-98 and matter is remitted to the Land Tribunal for fresh consideration in respect of claim made by the predecessors of petitioners in the light of observation made above, excluding the land to an extent of 160 acres, which is the subject matter in Original - 11 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 Suit No. 93 of 1953, (Execution Petition No. 151 of 1964; 3) Writ Petition No.23144 of 2017 is disposed of and matter is remitted to the Land Tribunal in entirety for fresh consideration in respect of claim made by H. Kempaiah, excluding the subject matter of land in Original Suit No.93 of 1953 (Execution Petition No.151 of 1964) in light of the observation made above; 4) The respondent-Land Tribunal is directed to expedite the hearing and dispose of the matter at the earliest in respect of the remaining land left out after excluding the land to an extent of 160 acres, which is the subject matter in Original Suit No.93 of 1953, (Execution Petition No. 151 of 1964." 4. The present appellants who were the respondents in W.P.Nos.30369/2017 and 23144/2017 and petitioner in the W.P.No.24109/2017 have filed W.A.No.1678/2024 impugning the said judgment and order dated 27.09.2024. The said writ appeal came to be allowed vide judgment dated 28.05.2025 and the judgment passed by the learned - 12 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 Single Judge was set aside. The said judgment passed by the Division Bench in W.A.No.1678/2024 came to be challenged before the Supreme Court by filing Special Leave to Appeal (C) in No.21460/2025 and the Supreme Court vide judgment dated 28.08.2025 dismissed the said appeal as withdrawn with liberty to file review petition. The Supreme Court also clarified that all contentions were left open in the review petition. 5. Now the very same appellant who was the appellant in W.A.No.1678/2024 has filed the present appeal challenging the said judgment and order. We fail to understand that what prevented the appellant to challenge the said judgment and order in respect of W.P.No.23144/2017. The appellant cannot be allowed to challenge the very same impugned judgment and order in bits and pieces. Once the said judgment has been set aside vide judgment and order passed by the co-ordinate Division Bench in W.A.No.1678/2024, the second appeal by the same appellant would not be maintainable. Even - 13 - HC-KAR NC: 2025:KHC:42349-DB WA No. 1574 of 2025 otherwise, there is delay of nearly one year in filing the instant appeal, therefore we dismiss the appeal on the ground of delay as well as on maintainability. 6. In view of disposal of the appeal, pending I.As, if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE NG List No.: 1 Sl No.: 13