IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 26TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S.G.PANDIT WRIT APPEAL NO.231 OF 2015 & WRIT APPEAL NO.3653 OF 2016 BETWEEN:
1. M.SHATRUNJAYA SHETTY, S/O.LATE M.NEMIRAJ SHETTY, AGED ABOUT 58 YEARS, R/O.JAIN COMPOUND, ATTAVAR, MANGALORE, D.K.DISTRICT-575001.
2. M.JAYA KEERTHI SHETTY, S/O.LATE M.NEMIRAJ SHETTY, AGED ABOUT 72 YEARS, R/O.17/41, 2A MAIN ROAD, SAPTHAGIRI NILAYA, C/O.GAJENDRA NAIDU, 3RD CROSS, ITTAMADU, BANASHANKARI, BENGALURU-560 085.
(SENIOR CITIZEN BENEFIT NOT CLAIMED) 3. SMT.SOUBHAGYAVATHI, W/O.M.SUBALARAJ SHETTY, AGED ABOUT 68 YEARS, R/O.PONNECHAR HOUSE, MOODABIDRI-574227.
(SENIOR CITIZEN BENEFIT NOT CLAIMED) 4. MRS.M.VIJAYA, W/O.K.RAVIRAJ, AGED ABOUT 58 YEARS, R/O.HUKKERIKAR NAGAR, SHETTARA COLONY, DHARWAD-580001.
5. SMT.M.SARASWATHI, W/O.LATE K.VARISENA SHETTY, AGED ABOUT 68 YEARS, R/O.VITTALA HOUSE, PO: DAREGUDDE, KARKALA TALUK, UDUPI DIST:574104. (SENIOR CITIZEN BENEFIT NOT CLAIMED) 6. SMT.M.PRIYAKARINI, W/O.SRI BHAGAVANDAS, AGED ABOUT 58 YEARS, R/O “SHRUTHA”, NEAR POST OFFICE, BC ROAD, BANTWAL TALUK, D.K.DISTRICT-574219.
7. SRI.JEEVANDHAR KUMAR, S/O.M.NEMIRSAJ SHETTY, AGED ABOUT 60 YEARS, R/O “SHRUTHA”, NEAR POST OFFICE, BC ROAD, BANTWAL TALUK, D.K.DISTRICT-574 219. (SENIOR CITIZEN BENEFIT NOT CLAIMED). ... APPELLANTS (BY SRI. G.BALAKRISHNA SHASTRY, ADV.) AND:
1. LAND TRIBUNAL, KARKALA, REP. BY ITS CHAIRMAN, KARKALA DISTRICT, UDUPI-574104.
2. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU-560 001.
3. ASHOKA RAJ, S/O. SHANTIRAJA ARASA, MAJOR, YERMALU BEEDU, YERMALU VILLAGE, UDUPI TALUK AND DISTRICT-576101. ... RESPONDENTS (BY MS.N.ANITHA, HCGP FOR R1 & R2; SRI.VYASA RAO K.S., ADV. FOR R3) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.9252/2012 DATED 02/12/2014.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellants submits that the facts, circumstances and the question of law addressed in these appeals are identical to the case in WA 232/2015, except for the changes in survey number and the claimants. Hence, the reasons assigned in WA 232/2015 would stand applicable so far as these appeals too are concerned.
In the circumstances, Writ Appeal Nos.231 of 2015 and 3653 of 2016 are disposed off in terms of the Judgment passed in Writ Appeal No.232/2015 of even date.
Pending applications in I.A. Nos.1 and 2 of 2017 are dismissed.
Sd/- Sd/-
JUDGE JUDGE sac* CT-RG