- 1 - HC-KAR NC: 2025:KHC:26979 WP No. 14190 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 14190 OF 2019 (KLR-RR/SUR) BETWEEN: SRI. K. JUNJAPPA, S/O LATE SIDDAPPA, AGED ABOUT 80 YEARS, R/AT KALKERE VILLAGE, HORAMAVU POST, BENGALURU - 560 043. …PETITIONER (BY SRI. G.B.MANJUNATHA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL DEPUTY COMMISSIONER, BENGALURU URBAN DISTIRCT, KANDAYA BHAVAN, BENGALURU - 560 009. 3. THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB DIVISION, KANDAYA BHAVAN, BENGALURU - 560 009. 4. THE TAHASILDAR, BENGALURU EAST TALUK, K.R. PURAM, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26979 WP No. 14190 of 2019 BENGALURU - 560 043. 5. SRI. RAMACHANDRA, S/O LATE KODANDARAMAIAH, AGED ABOUT 48 YEARS, 6. SRI. KRISHNAMURTHY, S/O LATE KODANDARAMAIAH, AGED ABOUT 48 YEARS, 7. SRI. ANIL KUMAR, S/O LATE KODANDARAMAIAH, AGED ABOUT 45 YEARS, RESPONDENTS 5, 6 AND 7 ARE RESIDENT OF KALKERE VILLAGE, HORMAMAVU POST, BENGALURU – 560 043. …RESPONDENTS (BY SRI.MANJUNATH K., HCGP FOR R1 TO R4; SRI.R.SUBRAMANYA, ADVOCATE FOR SRI.VINAYAKA B., ADVOCATE FOR R5 TO R7) ------ THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 3.1.2014 PASSED IN CASE NO.RA(BE)264/2011-12 BY THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB- DIVISION, BENGALURU, I.E., THE R-3 VIDE ANNEXURE - J AND THE ORDER DATED 30.11.2018 PASSED IN CASE NO. REVISION PETITION NO.24/2014-15 BY THE SPECIAL DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU, I.E., THE R-2 VIDE ANNEXURE - L, AS THE SAME ARE ILLEGAL AND VOID AB-INITIO 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 - 3 - HC-KAR NC: 2025:KHC:26979 WP No. 14190 of 2019 ORAL ORDER In this writ petition the petitioner is seeking to quash the order dated 03.01.2014 in Case No. RA(BE)264/2011-12 passed by respondent no.3 (Annexure-J) and, order dated 30.11.2018 in R.P.No.24/2014-15 passed by respondent no.2 (Annexure-L) inter alia seeking for a direction to respondents no.2 to 4 to drop the proceedings pursuant to the application filed by respondents no.5 to 7. 2. Heard Learned counsel for the parties. 3. Learned counsel for the petitioner, invited the attention of the Court to the order dated 23.12.1980 passed by the Land Tribunal, Bengaluru South Taluk at Annexure-A in LRF/1498/74-75, wherein 01 acre 10 guntas of land has been granted in favour of the petitioner herein in Sy.No.251 of Kalkere village, and further submitted that, at the instance of the private respondents herein, respondent no.4 has addressed a letter dated 21.01.2012 (Annexure-H) to respondent no.3 and, thereafter, respondent no.3, on a appeal filed by the petitioner herein, vide order dated 03.01.2014 (Annexure-J) remitted the matter to respondent no.4 to re-consider the case - 4 - HC-KAR NC: 2025:KHC:26979 WP No. 14190 of 2019 of the parties afresh in view of the discrepancy erupted insofar as the extent of land is concerned. He further submitted that, the revision petition filed by the petitioner herein before respondent no.2, challenging the order passed by respondent no.3, has been confirmed by respondent no.2 vide order dated 30.11.2018 (Annexure-L) and hence, requires to be set aside. 3. It is the principal submission of the learned counsel for the petitioner that, total extent of 01 acre 10 guntas in Sy.No.251 has been granted in favour of the petitioner, as per Annexure-A. Therefore, the order of remand by respondent no.3 requires to be interfered with in this writ petition. 4. Per contra, Sri Vinayaka B, learned counsel appearing on behalf of respondents no.5 to 7 submitted that, vide order dated 05.06.1982, Land Tribunal, Bengaluru South Taluk in LRF No.711/1980-81 has granted land to an extent of 02 acres of land in Sy.No.251 of Kalkere Village in favour of private respondents herein and, by inviting the attention of the Court to the documents and the sketch pertaining to the said grant, in which it is stipulated that 02 acres of land has been granted in favour of the private respondents herein and, as such, only - 5 - HC-KAR NC: 2025:KHC:26979 WP No. 14190 of 2019 12 guntas has remained, after excluding total extent granted in favour of the other occupants out of 01 acres 16 guntas and therefore, it is contended that, 12 guntas has been granted to the petitioner herein as, remaining 01 acre 04 guntas is a Kharab land and therefore, submitted that, no interference is called for. 5. Learned AGA invited the attention of the Court to the order passed by respondent no.4 and submitted that, since it is an order of remand made by respondent no.3 to respondent no.4 to re-consider the issue afresh relating to the grant made in favour of the petitioner, as well as the Kharab land to an extent of 01 acre 04 guntas and therefore, as the said order at Annexure-J is an order of remand, no interference is called for in this writ petition. 6. In the light of the submission made by the learned counsel for the parties, it is not in dispute that, the petitioner is claiming right over the land in question based on the order passed by the Land Tribunal, Bengaluru South Taluk as per Annexure-A wherein, it is stated that the application is filed seeking grant of 01 acre 10 guntas of land in Sy.No.251 and - 6 - HC-KAR NC: 2025:KHC:26979 WP No. 14190 of 2019 the Land Tribunal by order dated 23.12.1980 (Annexure-A) has granted the same in favour of the petitioner. 7. On the other hand, the private respondents herein have also filed an application seeking occupancy rights in respect of the said land to an extent to 02 acres 20 guntas. However, the Land Tribunal by order dated 05.06.1982 in LRF No.711/1980- 81 granted an extent of 02 acres in Sy.No.251 in favour of the private respondents. In that view of the matter, taking into account the sketch which has been provided by the private respondents herein and, the observation made by the Tahsildar in the letter dated 21.01.2012, wherein it is stated that, 'Whether the entire extent of 01 acre 16 guntas has to be granted in favour of the petitioner or by excluding the kharab land to an extent of 01 acre 04 guntas, the remaining land has to granted in favour of the petitioner?", has to be considered after issuing notice to the parties concerned and to take decision in the matter. 8. 8. In that view of the matter, since the respondent no.4 has to take a decision in the matter with regard to the discrepancy insofar as, to the kharab land has been included in the order - 7 - HC-KAR NC: 2025:KHC:26979 WP No. 14190 of 2019 passed by the Land Tribunal or not, has to be made known to the parties only after issuing notice and take decision in the matter, and therefore, I find no merit in the writ petition as, respondent no.3 has rightly passed Annexure-J remanding the matter to respondent no.4 herein and the said order at Annexure-J has been rightly confirmed by respondent no.2 at Annexure-L. 9. In that view of the matter, since this Court is having limited jurisdiction to interfere with the orders of remand passed by the respondent authorities, no interference is called for in this writ petition and, the writ petition is accordingly, dismissed. SD/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 41