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2025 DAILYLAW 89847 (KAR)

SMT. KAVITHA. J v. THE DEPUTY COMMISSIONER

WP/21252/2025 · 2025-07-17

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26811 WP No. 21252 of 2025 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.21252 OF 2025 (KLR-RES) BETWEEN: 1. SMT. KAVITHA. J D/O P.M. JANARDHAN REDDY GRAND DAUGHTER OF H.C. PATTABIRAMA REDDY AGED ABOUT 44 YEARS, R/AT NO.303, 10TH MAIN ROAD, JAYANAGAR 4TH BLOCK, BENGALURU - 560 011. REPRESENTED BY GENERAL POWER ATTORNEY HOLDER SRI. ANAND S. 2. SRI. HANUMANTHA REDDY S.N. S/O NANJUNDA REDDY AGED ABOUT 54 YEARS R/AT DODDAKADATHURU POST, DODDASHIVARA, KOLAR - 563130. 3. SRI. ANAND S. S/O SHEKAR REDDY AGED ABOUT 42 YEARS R/AT NO.35, 24TH MAIN ROAD, NEAR BRIGADE PALM SPRINGS, J.P. NAGAR 7TH PHASE, BENGALURU SOUTH, BENGALURU - 560 078. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26811 WP No. 21252 of 2025 4. SRI.HEMANTH R PARADKAR S/O RAMACHANDRA V PARADKAR AGED ABOUT 54 YEARS, RESIDING AT NO.1162, 3RD 'C' MAIN ROAD, GIRINAGAR 2ND PHASE, BENGALURU SOUTH, BENGALURU-560085. 5. SRI. L.S. AZEEZ AHMED S/O. L.S. SARDAR AHMED AGED ABOUT 46 YEARS RESIDING AT NO.5, 8TH CROSS, H.SIDDAIAH ROAD, WILSON GARDEN. BENGALURU-560 062. 6. SRI. K.M. NAGARAJA S/O MUNIKRISHNAPPA R. AGED ABOUT 61 YEARS, RESIDING AT NO.79, 4TH MAIN, 4TH CROSS, NEAR MANASA THEATRE, VALLABHA NAGAR, KONANAKUNTE CROSS, BENGALURU-560 062. 7. SRI. PRADEEP REDDY A C/O SIRISH N. AGED ABOUT 33 YEARS, RESIDING AT NO.401, 5TH FLOOR, SY.NO. 161, 2ND MAIN, SHRI RANGANATHA LAYOUT, JWALAAMUKHI ENCLAVE, MAHADEVAPURA, BENGALURU-560048. 8. SRI. VIKHYATH V SHETTY C/O VINAY SHETTY AGED ABOUT 30 YEARS, RESIDING AT NO.1/408C, VRASHABA, SUDARSHANA NAGARA, PHAJEER BANTWALA, - 3 - HC-KAR NC: 2025:KHC:26811 WP No. 21252 of 2025 DAKSHINA KANNADA - 574 199. 9. SRI. PRAKASH H.K. S/O H.M. KRISHNAPPA AGED ABOUT 46 YEARS, RESIDING AT HIRANDALLI, VIRONAGAR, BENGALURU - 560 049. …PETITIONERS (BY SRI. S. AJESH KUMAR, ADVOCATE FOR SRI. MURALI N., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN, K.G ROAD, OFFICE AT AMBEDKAR VEEDHI, SAMPANGI RAMANAGARA, BENGALURU - 560 009. 2. THE ASSISTANT COMMISSIONER, BENGALURU NORTH TALUK, K.G ROAD, OFFICE AT AMBEDKAR VEEDHI 2ND FLOOR, KHANDYA BHAVANA K.G.ROAD, BENGALURU - 560 001. 3. THE THASILDAR BENGALURU EAST TALUK, OFFICE AT OLD CMC OFFICE, OLD MADRAS ROAD, K.R. PURAM, BENGALURU-560 016. 4. SRI. MUNIYAPPA S/O LATE DODDAVENKATAPPA AGED ABOUT 73 YEARS, RESIDING AT NO.413, ITPL ROAD, KUNDALAHALLI, MARATHAHALLI POST, - 4 - HC-KAR NC: 2025:KHC:26811 WP No. 21252 of 2025 BENGALURU-560 037. 5. SRI. NARAYANAPPA S/O LATE DODDAVENKATAPPA AGED ABOUT 70 YEARS, RESIDING AT NO.75, 9TH CROSS, SJR APARTMENT, KUNDALAHALLI COLONY, MARATHAHALLI POST, BENGALURU-560 037. 6. SMT. AKKAYAMMA D/O LATE DODDAVENKATAPPA AGED 80 YEARS, RESIDING AT NO.75, 9TH CROSS, SJR APARTMENT, KUNDALAHALLI COLONY, MARATHAHALLI POST, BENGALURU-560 037. 7. SMT.MUNIYAMMA D/O LATE DODDAVENKATAPPA AGED ABOUT 73 YEARS, RESIDING AT NO.413, ITPL ROAD, KUNDALAHALLI, MARATHAHALLI POST, BENGALURU-560 037. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS PENDING BEFORE THE RESPONDENT NO. 1 AUTHORITY IN RP NO.304/2025 AT ANNEXURE-B; ISSUE A WRIT OF CERRIONERI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION IN THE NATURE THEREOF, TO QUASH THE PROCEEDING PENDING BEFORE THE - 5 - HC-KAR NC: 2025:KHC:26811 WP No. 21252 of 2025 RESPONDENT NO.1 AUTHORITY IN R.P. NO 305/2025 AT ANNEXURE-D TO ISSUE A WRIT OF MANDAMUS BY RESTRAINING THE RESPONDENT NOS. 4 TO 7 FROM CHANGING THE M.R. NO T18, 2024-25 DATED 11.06.2025 AND RTCS STANDING IN THE NAME OF THE PETITIONER NOS. 3 TO 9 APPENDED AT ANNEXURE-L AND M; 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 ORAL ORDER 1. In this writ petition, the prayer made by the petitioners is to quash the proceedings in R.P.No.304/2025 (Annexure-B) and the proceedings in R.P.No. 305/2025 (Annexure-D) on the file of respondent No.1, inter alia sought for restraining respondent Nos.4 to 7 from making changes in the mutation register. 2. Heard learned counsel appearing for the parties. 3. It is submitted by the learned counsel appearing for the petitioners that since the land in question is an Inam land, proceedings under Section 136(3) of the Karnataka Land - 6 - HC-KAR NC: 2025:KHC:26811 WP No. 21252 of 2025 Revenue Act, 1964 is not maintainable and therefore, writ of prohibition be issued against respondent No.1 in R.P.Nos.304/2025 and 305/2025. 4. Per contra, Smt. Navya Shekar, learned Additional Government Advocate appearing for respondent Nos.1 to 3, submitted that it is open for the petitioners to appear before respondent No.1 and argue the matter relating to contentious issues, if any. 5. In that view of the matter, taking into consideration that the matter is pending before respondent No.1, I am of the view that, no interference of this Court is called for in the impugned proceedings at this juncture, since the petitioners herein are required to appear before respondent No.1. 6. Accordingly, the writ petition is disposed of permitting the petitioners herein to appear before respondent No.1 on the next date of hearing i.e., 22.07.2025. In the meanwhile, the respondent - authorities are directed not to take any precipitative action in respect of the property in question, till the next date of hearing before respondent No.1 i.e., 22.07.2025. - 7 - HC-KAR NC: 2025:KHC:26811 WP No. 21252 of 2025 7. All contentions of the parties are kept open. 8. On appearance of the petitioners herein before respondent No.1 on 22.07.2025, it is open for the petitioners to seek appropriate direction by respondent No.1 with regard to further orders in the matter. SD/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 2