IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27160 OF 2019(GM-RES) BETWEEN:
1. SMT. NARASAMMA W/O LATE HANUMANTHAPPA AGED ABOUT 80 YEARS 2. SRI GALI HANUMAIAH S/O LATE HANUMANTHAPPA AGED ABOUT 70 YEARS 3. SMT. KEMPAMMA D/O GALI HANUMAIAH AGED ABOUT 40 YEARS 4. SRI ANAND KUMAR S/O GALI HANUMAIAH AGED ABOUT 30 YEARS 5. SMT. LALITHAMMA W/O LATE GANGA HANUMANAIAH AGED ABOUT 55 YEARS 6. SRI SRINIVAS S/O LATE GANGA HANUMAIAH AGED ABOUT 28 YEARS 7. SMT. MANJULA D/O LATE GANGA HANUMAIAH AGED ABOUT 27 YEARS 8. SRI VENKATESH S/O LATE HANUMANTHAPPA AGED ABOUT 50 YEARS 9. SRI NAGARAJ S/O VENKATESH AGED ABOUT 29 YEARS 10. SRI VINOD RAJ S/O VENKATESH AGED ABOUT 26 YEARS 11. SMT. GOWRAMMA D/O LATE HANUMANTHAPPA, AGED ABOUT 45 YEARS 12. SMT. SHANTHAMMA W/O LATE NANJAPPA AGED ABOUT 32 YEARS 13. SRI KRUTHIK RAJ S/O LATE NANJAPPA, SINCE MINOR REPRESENTED BY HIS MINOR GUARDIAN, SMT.SHANTHAMMA, AGED ABOUT 32 YEARS.
14. SRI KEMPARAJU S/O LATE HANUMANTHAPPA AGED ABOUT 35 YEARS 15. KUM. LIKITH AGED ABOUT 8 YEARS, 16. ANKITH AGED ABOUT 13 YEARS, SINCE MINORS, REPRESENTATIVE THEIR MINOR GUARDIAN SRI KEMPARAJU HAVE EXECUTED GENERAL POWER OF ATTORNEY IN FAVOUR OF SMT.RATHNAMMA, ALL THE PETITIONERS WHO ARE LEGAL HEIRS OF DECEASED HANUMANTHAPPA S/O NANJAPPA REPRESENTED BY THEIR GPA HOLDER 17. SMT RATHNAMMA W/O SRI ANJINAPPA, AGED ABOUT 47 YEARS, RESIDING AT ASHRAYANAGAR, BEHIND SRS 1ST MAIN ROAD, PEENYA 1ST STAGE, BENGALURU.
... PETITIONERS (BY SRI SATISH M DODDAMANI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. THE SUB REGISTRAR PEENYA INDUSTRIAL AREA, PHSE-IV, PEENYA, BENGALURU - 560 058.
TVS CROS, NTTF POST OFFICE, BENGLURU NORTH TALUK.
3. SRI N S GANGADHAR S/O N.B.SHIVARUDRAPPA, MANAGING DIRECTOR, STREAM LINE HOLDINGS PVT.LTD., No.4/9, LL COMPLEX, S.C.ROAD, YESHWANTHAPURA CIRCLE, BENGALURU - 560 022.
... RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO REGISTER THE DEATH OF SRI.HANUMANTHAPPA IN THE ENCUMBRANCE REGISTER AS AGAINST OLD SY.NO.116 AND NEW SY.NO.116/P, MEASURING 1 ACRE 32 GUNTAS, SITUATED AT SHIVANAPURA VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Satish M. Doddamani, learned counsel for the petitioners.
Smt. Prathima Honnapura, learned Additional Government Advocate for respondent Nos.1 and 2.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent No.3.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a direction to the respondents to consider the representation submitted by the petitioner dated 24.04.2019 vide Annexure-F.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the respondents to consider the representation dated 24.04.2019 submitted by the petitioner in accordance with law.
5. On the other hand, learned Additional Government Advocate for respondent No.2 submitted that the representation submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
6. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the representation submitted by the petitioner, if not already decided, in accordance with law by a speaking order after affording an opportunity of hearing to the petitioners as well as respondent No.3 within a period of two months from the date of receipt of certified copy of the order passed today.
7. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE Mds/-