IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO. 1517 OF 2017 AND WRIT APPEAL NOs.1930-1941 OF 2017 (KLR-RR/SUR) BETWEEN 1. M KRISHNA SWAMY S/O LATE D.M.MUNIYAPPA, AGED 75 YEARS, R/AT NO.907, 6TH MAIN, VIJAYANAGAR, BANGALORE-40.
2. M.VENKATA SWAMY S/O LATE D.M.MUNIYAPPA AGED 78 YEARS, R/AT NO.250, 14TH CROSS, R.T.NAGAR, II BLOCK, BANGALORE-560032.
3. PARAMESHA S/O LATE K.RAJANNA, AGED 40 YEARS, 4. SMT.GOWRAMMA W/O LATE K.PUTTAIAH, AGED 57 YEARS, 5. D.M.PRADEEP KUMAR S/O LATE MUDALAPPA, AGED 39 YEARS, NOs.3 TO 5 ARE R/AT DABUSPET VILLAGE, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562111.
6. KESHAV KUMAR S/O LATE GANGAIAH AGED 44 YEARS, NO.246, 746, 7TH MAIN, RUKMININAGAR, NAGASANDRA 8TH MILE, TUMKUR ROAD, BANGALORE-560073.
7. K.VENKATA SWAMY S/O LATE KEMPAIAH, AGED 59 YEARS, R/AT 368/348, DOBUSPET, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT--562111.
8. MUNIYANAIKA S/O GOVINDANAIKA, AGED 35 YEARS, R/AT HONNENAHALLI THANDYA SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562111.
9. C.G.GOVINDARAJA GUPTHA S/O GOPALAKRISHNA SHETTEY AGED 61 YEARS, R/AT NO.320, 8TH MAIN ROAD, M.S.RAMAIAH ENCLAVE BANGALORE-560 073.
(BY SRI M GANESH, ADVOCATE) AND ... APPELLANTS 1. TAHASILDAR NELAMANGALA TALUK, NELAMANGALA BANGALORE RURAL DISTRICT-562123 2. SMT.GOWRAMMA W/O ANJINAPPA, AGED 59 YEARS, R/AT NO.60/2, SHAKAMBARINAGAR SARAKKI, 7TH CROSS, 80 FT ROAD, J.P.NAGAR, 1ST PHASE, BANGALORE-560 078.
3. BHARATH R GAJARIA SINCE DECEASED BY LRS, a) SMT.SEEMA GAJARIA W/O LATE BHARATH-R-GAJARIA AGED 64 YEARS, b) MANISH-B-GAJARIA S/O LATE BHARATH-R-GAJARIA AGED 39 YEARS, c) GIRISH-B-GAJARIA S/O LATE BHARATH-R-GAJARIA AGED 37 YEARS, ALL R/AT FLAT NO.403 "SHANTHINIKETHAN APARTMENTS, NO.294, 34TH CROSS, JAYANAGAR, 7TH BLOCK, BANGALORE-560 082.
4. RAVINDRA-VAMAN-KORE S/O VAMAN KORE AGED 59 YEARS, R/AT NO.4A & B VANIVILAS APARTMENTS, NO.163/11 BASAVANAGUDI, BANGALORE-560 004.
... RESPONDENTS (BY SRI V SREENIDHI, AGA, FOR R-1; SRI B CHETAN, ADVOCATE FOR R-2) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOs. 32191- 199/2016 & WP 32532-535/2016 DATED 16/1/17.
THESE APPEALS ALONG WITH THE INTERLOCUTORY APPLICATIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Issue notice.
2. Mr.V.Sreenidhi, learned additional government advocate, accepts notice for the respondent no.1. Therefore, service of notice to the said respondent is dispensed with.
3. Mr.B.Chetan, learned advocate, accepts notice for the respondent no.2.
4. Therefore, service of notice to the said respondents is dispensed with.
5. By filing the writ petitions, the petitioners challenged the notice dated May 23, 2016, issued by the Tahsildar, NelamangalaTaluk, Bengaluru Rural District.
6. When the petitions came up for consideration, it was submitted before the Hon’ble Single Judge that in the meantime, the Tahsildar has passed an order on July 15, 2016.
7. The order is an appealable order. Therefore, the Hon’ble Single Judge disposed of the writ petitions granting liberty to the writ petitioners to prefer an appeal before the appropriate forum.
8. We do not find any error in the order requiring interference. However, on the prayer of the learned advocate for the writ petitioners-appellants, time to file the appeal is extended by ten days.
9. The appeals stand disposed of. In view of the disposal of the appeals, the pending interlocutory applications do not survive for consideration and are, also, disposed of.
10. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*