IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.58005/2018(KLR-RR/SUR) BETWEEN SMT. DODDARAMAKKA W/O LATE ASHWATHAPPA AGED ABOUT 65 YEARS R/A KOTHANURU VILLAGE AGALAGURKI POST NANDI HOBLI CHICKBALLAPURA TALUK CHICKBALLAPURA DISTRICT-562 101 ... PETITIONER (BY SRI K V NARASIMHAN, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY DEPARTMENT OF REVENUE M S BUILDING BANALORE-560 001 2. SRI K MUNIRAJU S/O KEMPANNA AGED ABOUT 40 YEARS R/AT KOLAVANAHALLI VILLAGE SRIRAMPURA POST, NANDI HOBLI CHICKBALLAPURA TALUK CHICKBALLAPURA DISTRICT-562 101 3. SRI MUNIYAPPA S/O LATE MUNISHAMAPPA AGED ABOUT 70 YEARS R/AT KOTHANURU VILLAGE AGALAGURKI POST NANDI HOBLI CHICKBALLAPURA TALUK CHICKBALLAPURA DISTRICT-562 101 4. SMT RANGALAKSHMI W/O SRINIVAS AGED ABOUT 50 YEARS R/AT GANGAMMA GUDI KOLATLU BEEDI CHICKBALLAPURA TOWN CHICKBALLAPURA -562 101 5. SRI SUBBANNA S/O LATE NANJEGOWDA AGED ABOUT 55 YEARS R/AT KOTHANURU VILLAGE AGALAGURKI POST NANDI HOBLI CHICKBALLAPURA TALUK CHICKBALLAPURA DISTRICT-562 101 6. THE ASSISTANT DIRECTOR OF LAND RECORDS CHICKBALLAPURA TALUK CHICKBALLAPURA DISTRICT-562 101 7. THE LAND SURVEYOR NANDI-03 LAND SURVEY CIRCLE CHICKBALLAPURA TALUK CHICKBALLAPURA CHICKBALLAPURA DISTRICT-562 101 ... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1, R6 & R7 SRI NAGARAJA N. NAIDU, ADVOCATE FOR R2, R4 & R5 NOTICE HELD SUFFICIENT TO R3 VIDE ORDER DT.21.3.19) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE AT ANNEXURE-B, DATED 20.12.2018 ISSUED BY 6TH RESPONDENT AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Respondent No.4 in proceedings bearing No.Bhu.Sa.Ni.Appeal.02/2018-19 has come up in this writ petition impugning the notice dated 20.12.2018 issued by the 6th respondent herein. The said proceedings is at the instance of K.Muniraju - 2nd respondent herein seeking phodi and hadbasth of land bearing Sy.No.4/4 of Kothanur village, Nandi Hobli, Chikkaballapura Taluk, wherein he is said to have title to a definite extent of land belonging to him.
2. Admittedly, the petitioner herein is a neighbouring land owner of said Muniraju, 2nd respondent herein. Though petitioner is a party to the proceedings before the 6th respondent herein, it is her grievance that notice is not served to her. Hence, she has come up in this writ petition.
3. After hearing the learned counsel for the petitioner and the learned AGA for respondent Nos.1, 6 and 7 as well as learned counsel for respondents 2, 4 and 5, this Court would hold that filing of this writ petition itself is notice to the petitioner herein. Accordingly, liberty is reserved to the petitioner to appear in the proceedings before the 6th respondent and raise all such objections which are there with reference to the appeal filed by the 2nd respondent in Appeal No.2/2018-19 on the file of 6th respondent.
With aforesaid observations, this writ petition is disposed of.
Sd/- JUDGE nd/-