IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NOS.337-339 OF 2019 (LB-RES) BETWEEN:
1. C. NAGARAJU ALIAS H.C.N. WODEYAR AGED ABOUT 75 YEARS S/O LATE P.M. CHINNANNA RESIDENT OF OLD DOOR NO.1355 NEW NO.1479 AND 1479/1, 1480 & 1481 SRIRAMPET, MYSORE – 570 001.
2. VINOD KUMAR M.N.
S/O C. NAGARAJU ALIAS H.C.N. WODEYAR AGED ABOUT 40 YEARS RESIDENT OF OLD DOOR NO.1355 NEW NO.1479 AND 1479/1, 1480 & 1481 SRIRAMPET, MYSORE – 570 001.
3. MADAN KUMAR M.N.
S/O C. NAGARAJU ALIAS H.C.N. WODEYAR AGED ABOUT 44 YEARS RESIDENT OF OLD DOOR NO.1355 NEW NO.1479 AND 1479/1, 1480 & 1481 SRIRAMPET, MYSORE – 570 001.
... APPELLANTS (BY SRI VINOD KUMAR M.N., PARTY-IN-PERSON) AND:
1. COMMISSIONER MYSORE CITY CORPORATION NEW SAYYAJI RAO ROAD MYSORE – 570 024.
2. ASSISTANT COMMISSIONER/ ZONAL COMMISSIONER MYSORE CITY CORPORATION ZONE-6, SHESHADRI IYER ROAD MANDIMOHALLA MYSORE – 570 021.
3. G. JAGADEESHA THE COMMISSIONER MYSORE CITY CORPORATION NEW SAYYAJI RAO ROAD MYSORE – 570 024.
4. VEENA ASSISTANT COMMISSIONER/ ZONAL COMMISSIONER MYSORE CITY CORPORATION ZONE-6, SHESHADRI IYER ROAD MANDIMOHALLA MYSORE – 570 021.
5. K.N. JAGADISH, ENGINEER DEVELOPMENT OFFICER MYSORE CITY CORPORATION ZONE-6, SHESHADRI IYER ROAD MANDIMOHALLA, MYSORE – 570 021.
6. SURESH M.S. ENGINEER ZONE-6, SHESHADRI IYER ROAD MANDIMOHALLA MYSORE – 570 021.
7. GOVERNMENT OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY TO GOVT. OF KARNATAKA VIDHANA SOUDHA BANGALORE – 560 001.
8. PRINCIPLE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT ROOM NO.603, 6TH FLOOR GATE-1, M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BANGALORE – 560 001.
9. INSPECTOR OF POLICE DEVARAJA POLICE STATION DHANAVANTRI ROAD SHIVARAMPET MYSORE – 570 001.
10. R. DEVARAJ S/O LATE P. RANGAPPA AGED ABOUT 65 YEARS R/AT NO.1482/2, BAPU SUBBARAO ROAD GALLI, VINOBHA ROAD SHIVARAMPET MYSORE – 570 001.
11. R. RANGANATH S/O LATE P. RANGAPPA AGED ABOUT 65 YEARS R/AT NO.1482/2, BAPU SUBBARAO ROAD GALLI, VINOBHA ROAD SHIVARAMPET MYSORE – 570 001.
12. ASHOKA R.
S/O LATE R. RANGANATH AGED ABOUT 65 YEARS R/AT NO.1482/2, BAPU SUBBARAO ROAD GALLI, VINOBHA ROAD SHIVARAMPET MYSORE – 570 001.
13. HARSHA R.
S/O LATE R. RANGANATH AGED ABOUT 65 YEARS R/AT NO.1482/2, BAPU SUBBARAO ROAD GALLI, VINOBHA ROAD SHIVARAMPET MYSORE – 570 001.
14. LATHA R.
D/O R. RANGANATH AGED ABOUT 35 YEARS R/AT NO.1482/2, BAPU SUBBARAO ROAD SHIVARAMPET MYSORE – 570 001.
... RESPONDENTS (BY SRI S.H. PRASHANTH, AGA FOR R7 TO R9) ---
THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE HIGH COURT ACT, PRAYING TO THE PETITIONERS-IN-PERSON 1 TO 3 RESPECTFULLY PRAYS THAT ARTICLE 132, 133 AND 136 OF CONSTITUTION OF INDIA CONFERS JURISDICTION ONLY TO HON’BLE SUPREME COURT TO REVERSE, MODIFY, SET-ASIDE THE JUDGMENTS THAT’S ALREADY DECIDED AND FINALLY CEASED BY THE HON’BLE DIVISION BENCH OF THE HIGH COURTS IN R.S.A.NO.307/1936-37 AT ANNEXURE-A-03 WITH REGARDING TO ITS SCHEDULE PROPERTY AS ILLEGAL, NULL AND VOID AND ETC.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT Petitioners have filed Writ Petitions before the Hon’ble Single Judge inter alia praying for a direction in the form of declaration that respondents No.1 to 9 have no jurisdiction or authority to deprive petitioners’ of their land and also for a further direction to quash licence granted to petitioners’ neighbour. The said writ petitions are pending consideration before the Hon’ble Single Judge.
2. In the meanwhile, petitioners have presented these appeals challenging the order dated 03.01.2019, whereby the Hon’ble Single Judge has directed the petitioners to comply with the office objections.
3. Shri Vinod Kumar M.N., petitioner, party-in-person, submits that issue before the Hon’ble Single Judge has been settled in RSA No.307/1936-37. Therefore, the Hon’ble Single Judge has no jurisdiction to entertain the writ petitions pending before him. Accordingly, he prays that the matter be considered on merits.
4. Admittedly, petitioners have filed the writ petitions before the Hon’ble Single Judge. It is open for them to make submission with regard to jurisdiction before the Hon’ble Single Judge.
5. Keeping open all contentions these appeals are disposed of.
In view of disposal of the main appeals, the application-I.A.No.2/2019 does not arise for consideration and it is disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca