IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.48441 OF 2018 (KLR-RES) BETWEEN:
SRI B.V.ERAPPA S/O LATE VALAPPA R/AT NO.2/11, 1ST CROSS BILEKAHALLI, BANNERGHATTA ROAD BEGUR HOBLI BANGALORE 560076 ...PETITIONER (BY SRI.G.D.ASWATHANARAYANA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA THROUGH SECRETARY/COMMISSIONER REVENUE EPARTMENT VIDHANA SOUDHA BANGALORE 560 001.
2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT KANDHAYA BHAVANA BENGALURU 560 009.
3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH TALUK KANDHAYA BHAVANA BENGALURU 560 009.
4. THE TAHSILDAR BANGALORE SOUTH TALUK KANDHAYA BHAVANA BENGALURU 560 009.
5. SRI. K S SHYAM S/O LATE K SHANKAR AGED ABOUT 61 YEARS R/AT NO.SA-12 KUMARADHARA BLOCK VIJAYA BANK LAYOUT BANNERGHATTA ROAD BENGALURU 560 076.
6. SRI. KARAGAPPA S/O LATE HANUMAPPA AGED ABOUT 65 YEARS 7. SRI. VENKATESH S/O KARAGAPPA AGED ABOUT 37 YEARS 8. SRI. PRADEEPA S/O KARAGAPPA AGED ABOUT 28 YEARS RESPONDENTS 6 TO 8 R/AT NO.51 2ND MAIN, BILEKAHALLI BENGLAURU SOUTH BENGALURU 560 076.
9. SRI. MUNIYAPPA S/O LATE HANUMAPPA AGED ABOUT 60 YEARS 10. SMT. RENUKAMMA D/O MUNIYAPPA AGED ABOUT 28 YEARS 11. SMT. SHILPA D/O MUNIYAPPA AGED ABOUT 26 YEARS 12. SRI. MUNIRAJU S/O MUNIYAPPA AGED ABOUT 20 YEARS RESPONDENTS NO.9 TO 12 ARE R/AT NO.256, 6TH CROSS BG ROAD, BILEKAHALLI BANGALORE SOUTH BANNERGHATTA ROAD BENGALURU 560 076.
13. SRI. RAMAPPA S/O HANUMAPPA AGED ABOUT 57 YEARS 14. SRI. PRAKASHA S/O RAMAPPA AGED ABOUT 28 YEARS 15. SRI. NAGENDRA GURU S/O RAMAPPA AGED ABOUT 26 YEARS 16. KUM. JYOTHI S/O RAMAPPA AGED ABOUT 23 YEARS RESPONDENTS NO.13 TO 16 ARE R/AT NO.606, 6TH CROSS BILEKAHALLI FREE HOUSES DEVARACHIKKANAHALLI ROAD BILEKAHALLI, BANGALORE SOUTH BANGALORE 560 076 ...RESPONDENTS (BY SRI VENKATESH DODDERI, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TAHASILDAR, THE 4TH RESPONDENT TO DISPOSE OFF THE APPLICATION FILED BY PETITIONER UNDER ORDER 1 RULE 10(2) OF CIVIL PROCEDURE CODE READ WITH SECTION 25 OF KARNATAKA LAND REVENUE ACT 1961 VIDE ANNEXURE-E ACCORDING TO LAW, ALLOWING THIS WRIT PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is an applicant before the 4th respondent where his application filed under Order I Rule 10(2) of CPC read with Section 25 of the Karnataka Land Revenue Act, 1961 is stated to be pending for consideration either to consider impleading him in the said proceedings or otherwise.
2. Subsequent to filing of this Writ Petition, it is stated that the said application is dismissed by order dated 17.01.2019.
3. In that view of the matter, this Writ Petition has become infructuous. Hence, it is dismissed as having become infructuous.
However, it will not take away the right of the petitioner to pursue the same in appropriate forum.
Learned AGA is permitted to file Memo of Appearance within two weeks.
Prs* Sd/- JUDGE