IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION Nos.21286-21288 OF 2010 (KLR-RR/SUR) BETWEEN:
1. SRI H.G.NAGARAJ AGED ABOUT 66 YEARS S/O LATE H.N.GOPALAKRISHNA RAO 2. SRI H.G.GURURAJA RAO S AGED ABOUT 62 YEARS, S/O LATE H.N.GOPALAKRISHNA RAO 3. SRI H.G.GUNDU RAO S/O LATE H.N.GOPALAKRISHNA RAO 4. SRI H.G.RAMACHANDRA RAO S/O LATE H.N.GOPALAKRISHNA RAO PETITIONERS 1 TO 4 C/O SRI H.G.NAGARAJ AND R/AT NO.96, 17TH MAIN, BANASHANKARI I STAGE, BENGALURU – 560 050.
5. SRI H.L.SHAMA RAO S/O LAKSHMINARASAIAH SINCE DEAD BY HIS LRs:
5(A) SMT.JAYAMMA W/O LATE SHAMA RAO AGED ABOUT 59 YEARS.
5(B) SRI NARASIMHAMURTHY (expired on 18.12.2014) S/O LATE SHAMA RAO, SINCE DECEASED BY HIS CHILDREN AND LEGAL REPRESENTATIVES:
5(B)(1) SRI H.N.MADHUSUDHAN, S/O LATE NARASIMHAMURTHY, AGED ABOUT 25 YEARS.
5(B)(2) MISS.H.N.RADHIKA, D/O LATE NARASIMHAMURTHY, AGED ABOUT 25 YEARS.
ALL 5(A), 5(B)(1) & (2) RESIDENTS OF NO.A-106, FORT, HAROHALLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT – 562 112.
5(C) SRI GURURAJA RAO S/O LATE SHAMA RAO, AGED ABOUT 57 YEARS, RESIDENT OF NO.A-106, FORT, HAROHALLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT – 562 112.
5(D) SRI H.S.LAKSHMIPATHI S/O LATE SHAMA RAO AGED ABOUT 54 YEARS, RESIDING AT NO.91, III MAIN, III CROSS, OPP.PADMAPRIYA OIL MILL, SRINIVASANAGAR, BENGALURU – 560 050.
5(E) SMT.LALITHA, W/O SRINIVAS RAO, AGED ABOUT 50 YEARS, RESIDING AT NO.1459, KOTE, VARADARAJASWAMY TEMPLE ROAD, CHANNAPATNA, RAMANAGARA DISTRICT.
5(F) SMT.MANI, W/O GOVINDMURTHY, RESIDING AT PADARAJA MATA, BAZAAR STREET, MULUBAGAL, KOLARA.
6. SMT SUMITHRA W/O SRI C.R.GURURAJA RAO R/A NO.18, 6TH MAIN ROAD, HANUMANTHANAGAR, BENGALURU BY HER S.P.A. HOLDER SRI H.G.NAGARAJ.
... PETITIONERS (By Sri SHYAM KOUNDINYA.A.S., ADVOCATE) AND:
1. SMT.DEVAMMA W/O LATE SRI VENKATAPPA @ VENKATA JETTY SINCE SHE IS DEAD, REPRESENTED BY HER LEGAL HEIR AND AND SUCCESSOR SRI PADMANABHA S/O LATE SRI VENKATA JETTY AGED ABOUT 55 YEARS, R/AT NO.1375, VARADARAJA SWAMY TEMPLE STREET, KOTE, CHANNAPATNA TOWN RAMANAGARA DSITRICT.
2. SRI B.ESWARAPPA S/O LATE SRI M.BYRAPPA AGED ABOUT 44 YEARS.
3. SRI B.NAGESH S/O LATE SRI M.BYRAPPA AGED ABOUT 44 YEARS.
RESPONDENTS 2 AND 3 RESIDING AT THAMMASANDRA VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT.
4. SRI MAHESHA S/O SRI KODANDA JETTY AGED ABOUT 40 YEARS, R/O FORT, HAROHALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT.
5. DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA.
6. ASSISTANT COMMSISIONER RAMANAGARA SUB DIVISION, RAMANAGARA.
7. TAHSILDAR KANAKAPURA TALUK, KANAKAPURA. ...RESPONDENTS (By Sri S.R.HEGDE HUDLAMANE, ADVOCATE FOR C/R-2 & ALSO R1, R3 & R4; Sri T.S.MAHANTESH, AGA FOR R5 TO R7) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23.06.2010, PASSED IN REVISION PETITON NO.18/2009-10 BY R5 AT ANNEXURE-N; QUASH THE ORDER DATED 17.04.2009, PASSED BY R6, AT ANNEXURE-M; QUASH THE ORDER DATED 10.05.2006 PASSED BY R7 AT ANNEXURE-A AND DIRECT R7 TO RESTORE THE ENTRIES IN THE REVENUE RECORDS IN RESPECT OF LAND BEARING SY.NO.687/1 HAROHALLI VILLAGE, HAROHALLI HOBLI, KANAKAPURA AS IT WAS APPEARING PRIOR TO 10.05.2006 i.e., ORDER AT ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners herein are impugning the order dated 23.06.2010 passed in Revision Petition No.18/2009-10 on the file of the fifth respondent – Deputy Commissioner, Ramanagara District vide Annexure-‘N’ and order dated 17.04.2009 passed by the sixth respondent – Assistant Commissioner, Ramanagara Sub-Division in Proceedings No.R.A.(LKP)/163/2006-2007 vide Annexure – ‘M’ and as well as the order dated 10.05.2006 passed by the seventh respondent – Tahsildar, Kanakapura Taluk, Kanakapura in RRT(Dis)106/2005-06 vide Annexure – ‘A’.
2. Admittedly, the dispute between the petitioners and contesting respondent Nos.1 to 4 is with reference to title and revenue entries in respect of land bearing Sy.No.687/1 situated at Harohalli, Kasaba Hobli, Kanakapura Taluk. It is seen that besides the proceedings which are conducted before the revenue authorities herein, the parties were agitating before the Civil Court with reference to their title to the property, in R.A.No.278 of 2009 on the file of the Civil Judge (Sr.Dn.,) Kanakapura Taluk and the same is now pending in R.S.A.Nos.52 of 2014, 74 of 2014 and 75 of 2014.
3. In that view of the matter, this Court is of the considered opinion that the orders impugned are subject to the result in the aforesaid three Regular Second Appeals between the petitioners and Respondent Nos.1 to 4 in these proceedings.
Accordingly, these writ petitions are disposed of.
Sd/- JUDGE DH