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2026 DAILYLAW 42636 (KAR)

SRI B P RAMU v. THE LAND TRIBUNAL KANAKAPURA

WP/21968/2025 · 2026-09-18

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010486142025 NC: 2026:KHC:51125 WP No. 21968 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 21968 OF 2025 (LR) BETWEEN: 1. SRI B P RAMU S/O LATE PUTTASWAMAIAH, AGED ABOUT 83 YEARS, PRESENTLY RESIDING AT BESAGARAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571419. …PETITIONER (BY SRI. KASHINATH J D.,ADVOCATE) AND: 1. THE LAND TRIBUNAL KANAKAPURA KANAKAPURA TALUK CHAIRED BY ADDITIONAL DEPUTY COMMISSIONER BENGALURU SOUTH DISTRICT, RAMANAGAR - 562129. 2. THE TAHSILDAR KANAKAPURA TALUK, KANAKAPURA, BENGALURU SOUTH DISTRICT 562117. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010486142025 NC: 2026:KHC:51125 WP No. 21968 of 2025 3. SMT BYRAMMA, W/O LATE SHIVANANJEGOWDA AGED ABOUT 76 YEARS. 4. SMT RATHNAMMA W/O CHANDREGOWDA AGED ABOUT 54 YEARS. 5. SMT. SUSHEELAMMA W/O VEERAMADAIAH AGED ABOUT 52 YEARS. 6. SMT. DEVEERAMMA W/O SRINIVAS AGED ABOUT 50 YEARS. 7. JAYAMMA D/O LATE SHIVANANJEGOWDA AGED ABOUT 48 YEARS. 8. SRI K G VENKATAPPA S/O LATE PUTTANNA K G AGED ABOUT 89 YEARS, RESPONDENT NO.3 TO 8 ARE RESIDING AT HANUMAHANALLI VILLAGE, KASABA HOBLI, KANAKAPURA VILLAGE, BENGALURU SOUTH DISTRICT - 562117. …RESPONDENTS (BY SMT.SHARADA H.V, AGA, FOR R1 AND R2, SRI VIGNESHWAR S SHASTRY, SENIOR COUNSEL FOR SRI GANAPATHI BHAT YAJRALLI, ADVOCATE FOR R3 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINS TO PROCEEDINGS BEARING NO. LRF CR 51/2020-21 PERTAINS TO LRF (7A) KKP 92/1998-99 PERTAINS TO SY. NO. 21, 22 AND 28 OF HANUMANAHALLI - 3 - HC-KAR CNR: KAHC010486142025 NC: 2026:KHC:51125 WP No. 21968 of 2025 VILLAGE, KANAKAPURA TALUK, BENGALURU SOUTH DISTRICT ON THE FILE OF THE 1ST RESPONDENT AND ISSUE WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED. 01.07.2025 WHICH IS PART OF ANNEXURE-A PASSED BY THE 1ST RESPONDENT IN A PROCEEDINGS BEARING NO. LRF CR 51/2020-21 PERTAINS TO LRF (7A) KKP 92/1998-99 PERTAINS TO SY. NO. 21, 22 AND 28 OF HANUMANAHALLI VILLAGE, KANAKAPURA TALUK, BENGALURU SOUTH DISTRICT PENDING ON THE FILE OF THE 1ST RESPONDENT TO MEET THE INTEREST OF JUSTICE AND ETC.,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioner is assailing the proceedings at Annexure-A before the respondent No.1 in LRF.CR 51/2020-21 pertaining to LRF(7A)KKP 92/1998-99 in respect of the land bearing Sy.Nos.21, 22 and 28 of Hanumanahalli Village, Kanakapura Taluk, Bengaluru South District. 2. Sri Kashinath J. D, learned counsel appearing for the petitioner contended, by referring to the order dated 22.07.1976 at Annexure - C, that, the petitioner - 4 - HC-KAR CNR: KAHC010486142025 NC: 2026:KHC:51125 WP No. 21968 of 2025 herein has filed an application in Form No.7 and same has been accepted by respondent No.2 and conferred occupancy right in respect of the land in question on 22.07.1976 as per Annexure - C, and thereafter, the Form No.10 has been issued in respect of the land in question as per Annexure - C1, and therefore, it is contended by the learned counsel appearing for the petitioner that, the proceedings before the respondent No.1 at Annexure - A requires to be quashed. 3. Per contra, Sri Vigneshwar S Shastri, learned Senior Counsel appearing on behalf of Sri Ganapathi Bhat Vajralli, learned counsel appearing for respondent Nos.3 to 7, submitted, by referring to Annexure - R4/RTC extracts, that the name of the respondent Nos.3 to 7 herein is also found place in the RTC extracts for the relevant period i.e. 01.03.1974 and the said aspect of the matter was not considered, and as such, the respondent Nos.3 to 7 herein have filed Form No.7A within the permissible period after - 5 - HC-KAR CNR: KAHC010486142025 NC: 2026:KHC:51125 WP No. 21968 of 2025 the amendment has been made to the Karnataka Land Reforms Act, 1961, and therefore, as the proceedings are pending consideration before the Land Tribunal, there was no impediment for the Land Tribunal to take decision in the matter taking into consideration the earlier proceedings as per Annexure - C and also with regard to the spot inspection made by the members of the Land Tribunal, and therefore, sought for dismissal of writ petition. 4. Learned Additional Government Advocate appearing for respondents No.1 and 2 has produced the original records. 5. In the light of the submissions made by learned counsel appearing for the parties, the claim made by the respondent Nos.3 to 7 is based on Form No.7A filed in respect of the land bearing Sy.Nos.21, 22 and 28 of Hanumanahalli Village, Kanakapura Taluk. It is the case of the petitioner that, the petitioner herein has already made - 6 - HC-KAR CNR: KAHC010486142025 NC: 2026:KHC:51125 WP No. 21968 of 2025 an application in Form No.7, and the Land Tribunal by order dated 22.07.1976 (Annexure-C) has conferred occupancy right in favour of the petitioner. However, on careful consideration of the original records produced by the learned Additional Government Advocate particularly with regard to the RTC extracts for the year 1970 to 1975 would indicate, the name of the petitioner as well as the predecessor of private respondents Nos.3 to 7 is found in the RTC Extracts. In that view of the matter, since the matter is pending consideration before the respondent No.1 herein, I am of the view that, no interference is called for in this writ petition as the writ petition is premature. 6. It is also to be noted that, it is open for the respondent No.1 to take a decision in the matter, in accordance with law, taking into consideration the plea made by the petitioner and the respondent Nos.3 to 7 - 7 - HC-KAR CNR: KAHC010486142025 NC: 2026:KHC:51125 WP No. 21968 of 2025 herein. Accordingly, I am of the view that no interference is called for in this writ petition. Accordingly, the writ petition is dismissed. All contentions of the parties are kept open. Sd/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 51