Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:45412 WP No. 33219 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 33219 OF 2016 (KLR-RES) BETWEEN:
1.
SMT HANUMAKKA W/O LATE L V GANGAIAH, SINCE DEAD BY LRS
1(a) SRI G. SRINIVAS S/O LATE V. GANGAIAH AND HANUMAKKA AGED ABOUT 62 YEARS R/AT NO.43, DODDABALLAPUR ROAD MARASANDRA BUS STOP MARASANDRA, DODDA TUMKUR BENGALURU RURAL - 561 203.
1(b) G. PADMANABHA S/O LATE V. GANGAIAH AND HANUMAKKA AGED ABOUT 59 YEARS R/AT NO.79, DODDABALLAPUR ROAD MARASANDRA BUS STOP MARASANDRA, DODDA TUMKUR BENGALURU RURAL - 561 203.
…PETITIONERS (BY SRI. MALLIKARJUN N.K.,ADVOCATE FOR SRI. SAMPATH., ADVOCATES)
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:45412 WP No. 33219 of 2016
AND:
1.
STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING DR B R AMBEDKAR ROAD, BANGALORE-560 001.
2.
SPECIAL DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BANGALORE.
3.
ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION BANGALORE.
4.
COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION BY TAHSILDAR, BANGALORE NORTH TALUK, TALUK OFFICE, BANGALORE-560 001.
5.
SMT. GUNDAMMA W/O LATE ANANTHARAMAIAH AGED ABOUT 72 YEARS, # 1130, MANATHI KOPPALU KONANUR VILLAGE, ANKALGUDU TALUK, HASSAN DISTRICT. …RESPONDENTS (BY SRI.NEELAKANTAPPA K. PUJAR, HCGP FOR R1 TO R4;
SRI. SHARATH U.M., ADVOCATE FOR ;
SRI. K.R. KRISHNAMURTHY., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 04.2.2008 PASSED BY THE R-3 WHICH IS ENCLOSED AS ANNEXURE-A, AND TO QUASH THE ORDER DATED 25.04.2009 PASSED BY THE R-2 WHCIH IS ENCLOSED AS ANNEXURE-D AND ETC.
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HC-KAR NC: 2025:KHC:45412 WP No. 33219 of 2016
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
Learned counsel for the petitioner submits that petitioner and respondent No.5 have filed compromise petition under
Order XXIII Rule 3 of the CPC r/w Article 226 of the Constitution of India, which reads as under;
"1. The petitioner and the Respondent No.5 are litigating over 1.20 Acres in Survey No.59 of Kadathanamale Village, Hesarghatta Hobli, Bangalore North Taluk. At the intervention of the well-wishers, friends and relatives of the petitioner and the Respondent No.5, have settled the dispute amicably on the following terms and conditions:
a) The Respondent No.5 withdraws the challenge to the Order dated 09-05-2005 passed by the Committee for Regularization of Unauthorized Cultivation, Bangalore North Taluk, the Order passed by the Respondent No.2 and 3 in Case No.LND (A) 11/2007-08 dated 25-04-2009 and Case No.LND CR 78/2007-08 dated 04-02-2008 respectively (ANNEXURE-D and A) may be set aside.
2. In view of this compromise, the Orders impugned in this writ petition passed by the Respondent No.2 and 3 may be set aside and the
Order dated 09-05-2005 passed by the Committee for Regularisation of Unauthorised Cultivation, Bangalore North Taluk, granting 1 Acre 20 Guntas in Survey No.59 of Kadathana Village, Hesarghatta
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HC-KAR NC: 2025:KHC:45412 WP No. 33219 of 2016
Hobli, Bangalore North Taluk, may be restored and upheld".
2. It is submitted that in view of the compromise, the impugned order in this writ petition passed by the respondent Nos.2 and 3 may be set aside and the order dated 09.05.2005 passed by respondent No.4- Committee for Regularization of Unauthorized Cultivation in Bangalore North Taluk granting 1 acre 20 guntas in Sy.No.59 of Kadathanamale Village, Hesargatta Hobli, Bangalore North Taluk may be restored and upheld.
3. Perused the compromise petition, which is as per law and not opposed by any other Statute.
4. The parties are present before this Court and they affirm the contents of the compromise petition.
5. Under such circumstance, the writ petition is
disposed of. Order dated 04.02.2008 passed by respondent No.3 and Order dated 25.04.2009 passed by respondent No.2 are set aside.
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HC-KAR NC: 2025:KHC:45412 WP No. 33219 of 2016
6.
Order dated 09.05.2005 passed by the respondent No.4 -Committee regularizing unauthorized cultivation of subject land is restored and upheld.
Sd/- (RAJESH RAI K) JUDGE
RU, List No.: 2 Sl No.: 1