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2026 DAILYLAW 3603 (KAR)

SMT. GOVINDAMMA v. STATE OF KARNATAKA

WA/223/2024 · 2026-04-15

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17020-DB WA No. 223 of 2024 C/W WA No. 85 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 223 OF 2024 (LR) C/W WRIT APPEAL NO. 85 OF 2024 IN WA No. 223/2024 BETWEEN: 1. SMT. GOVINDAMMA, SINCE DECEASED BY LRS SRI. SRINIVAS, S/O LATE RAMAIAH, AGED ABOUT 64 YEARS, 2. SRI. NAGARAJ, S/O LATE RAMAIAH, AGED ABOUT 59 YEARS, 3. SRI. CHANDRAPPA, S/O LATE RAMAIAH, AGED ABOUT 58 YEARS, 4. SMT. YASHODHA, D/O LATE RAMAIAH, AGED ABOUT 54 YEARS, 5. SRI. VENKATESH, S/O LATE RAMAIAH, AGED ABOUT 48 YEARS, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17020-DB WA No. 223 of 2024 C/W WA No. 85 of 2024 ALL ARE RESIDING AT: KONADASAPURA VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE - 560 096. AND PRESENTLY RESIDING AT: NO.34-A, SRI KATEREAMMA TEMPLE ROAD, OPP. CHANDRASHEKAR GOWDA HOUSE, SIVARAMKARANTHA NAGAR, THANISANDRA, BANGALORE - 560 077. …APPELLANTS (BY SRI. SHANKARE GOWDA V N., ADVOCATE) AND: 1. STATE OF KARNATAKA, REP BY ITS SECRETARY DEPARTMENT OF REVENUE, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE LAND TRIBUNAL, BANGALORE NORTH (ADDL) TALUK NOW ITS IS BANGALORE EAST TALUK, BANGALORE - 560 009 REPRESENTED BY ITS SECRETARY 3. SRI. HANUMAPPA, SINCE DECEASED BY HIS LRS SMT.VENKATAMMA, W/O NAGARAJAPPA, AGED ABOUT 64 YEARS, SRI. MUNIVENKATAPPA, S/O KUNTAPPA, SINCE DECEASED BY HIS LRS - 3 - HC-KAR NC: 2026:KHC:17020-DB WA No. 223 of 2024 C/W WA No. 85 of 2024 4. SRI MUNIHANUMAPPA, S/O LATE MUNIVENKATAPPA, AGED ABOUT 62 YEARS, 5. MOTAPPA, SINCE DECEASED BY HIS LRS SRI. NAGARAJ, S/O LATE MOTAPPA, AGED ABOUT 54 YEARS, RESPONDENTS NOL 3 TO 5 ARE R/AT KONADASAPUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE - 560 096. 6. SRI. B.S.VENKATARAMU, S/O SRI B.V.SEETHARAMAIAH, AGED ABOUT 70 YEARS, R/AT NO.132, 1ST MAIN ROAD, SESHADRIPURAM, BANGALORE - 560 020. 7. SMT. IQBAL BASITH, W/O LATE IRSHAD BASITH, AGED ABOUTY 69 YEARS, R/AT FLAT NO A-902 SOLLAPURIA SILVER WOODS, NO 15, NAGAVARAPALYA POST, OPP. OLD MADRAS ROAD, BENGALURU - 560 093. PRESENTLY R/AT FLAT NO. A-902, SALAPURIA SILVER WOODS, NO.15, NAGAVARAPALYA POST, OPP. OLD MADRAS ROAD, BENGALURU - 560 093. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R2, SRI. A. KESHAV BHAT, ADVOCATE FOR R4, - 4 - HC-KAR NC: 2026:KHC:17020-DB WA No. 223 of 2024 C/W WA No. 85 of 2024 SRI. K. VIJAYA KUMAR, ADVOCATE FOR R5, VIDE ORDER DATED 29.07.2024 NOTICE TO R6 IS DISPENSED WITH, R3 & R7 ARE SERVED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED:21.12.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE HIGH COURT OF KARNATAKA IN WP No.18962/2019(LR) AND ETC. IN WA NO. 85/2024 BETWEEN: 1. SMT IQBAL BASITH, WIFE OF LATE IRSHAD BASITH, AGED ABOUT 69 YEARS R/AT FLAT A902, SALARPURIA SILVER WOODS, NO 15, NAGAVARAPALYA, OFF OLD MADARAS ROAD, BENGALURU - 560 093. ...APPELLANT (BY SRI. SYED KASHIF ALI, SRI. MOHAMMED AKHIL & SRI. MATEEN KHAN, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REP BY REVENUE SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE LAND TRIBUNAL, BANGALORE EAST TALUK, REP BY ITS CHARIMAN - 5 - HC-KAR NC: 2026:KHC:17020-DB WA No. 223 of 2024 C/W WA No. 85 of 2024 AND ASSISTANT COMMISSONER, BANGALORE NORTH SUB-DIVISION, ADDITIONAL TALUK, BANGALORE - 560 009. 3. SPECIAL TAHSILDAR, BANGALORE EAST TALUK, K.R. PURAM, BANGALORE - 560 016. 4. 4(a). SRI. HANUMAPPA, SINCE DECEASED BY HIS LRS SMT. VENKATAMMA, WIFE OF NAGARAJAPPA, MAJOR, R/AT KONDADASAPURA VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK - 560 049. 5. 5(a). SMT. GOVINDAMMA, SINCE DECEASED BY HER LRS SRI. SRINIVASA, 5(b). SRI. NAGARAJA 5(c). SRI. CHANDRAPPA 5(d). SMT. YASHODHA 5(e). SRI. VENKATESHA ALL ARE MAJOR IN AGE - 6 - HC-KAR NC: 2026:KHC:17020-DB WA No. 223 of 2024 C/W WA No. 85 of 2024 ALL ARE RESIDING AT: KONDASAPURA VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK - 560 049. 6. 6(a). SRI. MUNIVENKATAPPA, SINCE DECEASED BY HIS LRS SRI. MUNI HANUMAPPA, MAJOR SON OF LATE. MUNI VENKATAPPA, R/AT KONDASAPURA VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK - 560 049. 7. 7(a). SRI. MOTAPPA, SINCE DECEASED BY LRS SRI. NAGARAJA, MAJOR IN AGE FATHERS NAME NOT KNOWN TO APPELLANT RESIDING AT NO.132, 1ST MAIN ROAD, SHESHADRIPURAM, BENGALURU - 560 020. 8. SRI. B.S. VENKATARAMU, MAJOR IN AGE, FATHER'S NAME NOT KNOWN, TO PETITIONER R/AT NO.132, 1ST MAIN ROAD, SHESHADRIPURAM, BENGALURU - 560 020. ...RESPONDENTS (BY SRI. KARTHIK V FOR C/R6 (A) (& ALSO FOR R4, SRI. V.N. SHANKARE GOWDA FOR R5(A-E), SRI. MOHAMMED JAFFAR SHAH AGA, FOR R1 TO R3) - 7 - HC-KAR NC: 2026:KHC:17020-DB WA No. 223 of 2024 C/W WA No. 85 of 2024 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT,1961, PRAYING TO CALL FOR RECORDS IN WRIT PETITION No.20245/2019 AND SET ASIDE THE ORDER DATED:21.12.2023 PASSED IN WP No.20245/2019 AND CONSEQUENTLY ALLOW THE SAME AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) IN WA.No.223/2024: On behalf of the appellants, memo dated 24.03.2026 purportedly signed by the appellant Nos.1 to 5 and their advocates has been filed to withdraw this writ appeal as the matter has got settled amicably out of the Court. Accordingly, the writ appeal is dismissed as withdrawn. Pending interlocutory applications if any, shall stand rejected. - 8 - HC-KAR NC: 2026:KHC:17020-DB WA No. 223 of 2024 C/W WA No. 85 of 2024 IN WA.No.85/2024: The applicant is neither the party before the Land Tribunal nor before the writ Court. Moreover the appellants wants to withdraw this appeal in view of the joint memo dated 24.03.2026. The terms and conditions as set of in the joint memo at paragraph Nos.5 to 9, would read as hereunder: 1.xxx 2.xxx 3.xxx 4.xxx "5. TERMS OF COMPROMISE: 5.1 Respondent No.6(a) hereby confirms that Smt. Iqbal basith is the absolute owner of land bearing survey number 11/14 (old No. 11/8, earlier 11/4)) of Konadasapura Village, Bidarahalli Hobli, Bangalore East taluk, Bangalore District, measuring about 3 acres (morefully described in the schedule written hereinunder and hereinafter referred to as "The Schedule Property"). 5.2. Respondent No.6(a) confirms that his father Munivenkatappa had made a claim for grant of occupancy rights in respect of Survey No.11, Kodadasapura Village, Bidarahalli Hobli, Bangalore East Taluk, Bangalore District and by an order dated 24.03.1982, the Land Tribunal had rejected their claims. - 9 - HC-KAR NC: 2026:KHC:17020-DB WA No. 223 of 2024 C/W WA No. 85 of 2024 5.3 Respondent No.6(a) confirms that since the father of Respondent No.6(a) i.e., Sri Munivenkatappa had not filed Writ Petition and had not questioned the dismissal of his claim in LRF No.201/74-75, he had accepted the order and the rejection of claim for grant of occupancy rights by Sri Munivenkatappa attained finality; 5.4 Respondent No.6(a) further confirms that even otherwise the claim in Form No.7 was made only in respect of Survey No.5 and 17 and not Survey No.11 since Sri. BS Venkataramu was not the owner of Survey No.11 at the relevant point in time. 5.5 Respondent No.6(a) as well as the Appellant in Writ Appeal No.223 of 2024 confirm that the schedule property is a private property of Smt. Iqbal Basith i.e., Appellant in W.A No.85 of 2024 and that the same is not a tenanted land and therefore the provisions of Karnataka land Reforms Act 1961 are not applicable in respect of the schedule property. 5.6 Respondent No.6(a) confirms that the RTC records that stood prior to order dated 24.03.2016 in LRF No.05/2003-04 should be restored and that both Smt. Iqbal Basith (Appellant) as well as the Respondent No.6(a) will jointly make an application before the Tahsildar, Bangalore East Taluk, KR Puram, for restoring the name of Smt. Iqbal Basith in the RTC Records. 5.7 Respondent No.6(a) hereby withdraws his claim in LRF No.5/2003-04 before Respondent No.2 and confirms that he has no interest in the schedule property. Consequently, the Writ Petition filed by Appellant in W.P No.20245/2019 be allowed and order dated 24.03.2016 (Annexure - A) in LRF No.05/2003-04 passed by Respondent No.2 be quashed. Consequently, Writ Appeal No.223/2024 has to be dismissed. 5.8 Respondent No.6(a) affirms that he has no further claims in respect of the schedule property - 10 - HC-KAR NC: 2026:KHC:17020-DB WA No. 223 of 2024 C/W WA No. 85 of 2024 and confirms that he will not make any claims in future claiming rights over the schedule property. 6. That the Appellant in Writ Appeal No.233 of 2024 i.e., the connected matter has filed a memo this day seeking to withdraw the appeal and therefore the said appeal be dismissed as withdrawn and the Claim in so far as legal heirs of Smt. Govindamma i.e., Respondent Nos. 5(a) to (e) is concerned also does not survive for consideration. 7. Further, Respondent Nos.5(a) to (e) also confirm that they have no right, claim or interest in respect of the schedule property. 8. That other Respondents are formal parties to the present appeal and therefore, are not parties to this memo. Hence, in lightof the settlement arrived at between the Appellant and Respondent No. 6(a), these proceedings against other Respondents may be closed. Appellant has also filed a separate memo today withdrawing the Appeal as against other Respondents. 9. Appellant, Respondent No.6(a) and respondent Nos.5(a) to (e) confirm that they have arrived at this settlement out of their own will and volition and that they will not initiate any proceedings in respect of the schedule property in future." 2. The joint memo is only in respect of the appellant and respondent Nos.5(a) to 5(e) and respondent No.6(a). We make it clear that this joint memo is not binding on other respondents and any one else who claims any right in the land in question. - 11 - HC-KAR NC: 2026:KHC:17020-DB WA No. 223 of 2024 C/W WA No. 85 of 2024 3. In view of the joint memo, the appeal stands withdrawn in respect of respondent Nos.5(a) to 5(e) and respondent No.6(a), where as to other respondents, the appeal stands dismissed as not pressed. Pending interlocutory applications, if any, also stand rejected. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 7 ct-vn