IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.23199/2019 (KLR-RES) BETWEEN:
SRI. K.P. KALAPPA S/O LATE SRI. PILLANJANAPPA AGED ABOUT 69 YEARS RESIDING AT KALKERE VILLAGE K.R. PURAM HOBLI, HORAMAVU POST, BANGALORE EAST TALUK BENGALURU – 560 043.
... PETITIONER (BY SRI. K.P. KALAPPA, PARTY IN PERSON) AND:
1. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION BANGALORE – 560 001.
2. THE TAHASILDHAR BANGALORE EAST TALUK K.R. PURAM BANGALORE – 560 034.
3. THE REVENUE INSPECTOR HORAMAVU CIRCLE K.R. PURAM HOBLI-2 BENGALURU EAST TALUK BENGALURU – 560 034.
4. THE VILLAGE ACCOUNTANT HORAMAVU CIRCLE K.R. PURAM HOBLI BENGALURU EAST TALUK BENGALURU – 560 043.
5. SMT. MUNIYAMMA W/O LATE DODDAKAVERAPPA MAJOR IN AGE RESIDING AT CHANNASANDRA VILLAGE, HORAMAVU POST K.R. PURAM HOBLI BENGALURU EAST TALUK BENGALURU – 560 043.
6. SRI. M. REVANNA S/O LATE K. MADAPPA AND SMT. ANJANAMMA AGED ABOUT 58 YEARS.
7. SRI. M. BASAVARAJU S/O LATE K. MADAPPA AND SMT. ANJANAMMA AGED ABOUT 54 YEARS.
8. SRI. M. PUTTASWAMY S/O LATE MUDDAPPA AND SMT. SHARADAMMA AGED ABOUT 50 YEARS.
9. SMT. CHALLAKKAMMA W/O LATE DODDAHANUMANTHAPPA D/O LATE ANJANAMMA AGED ABOUT 78 YEARS.
THE RESPONDENTS 6 TO 9 ARE RESIDING AT KALKERE VILLAGE, HORAMAVU POST K.R. PURAM HOBLI BENGALURU – 560 043.
10. SRI. B.M. CHANNAKESHAVA S/O LATE MUDDAPPA AND SMT. SHARADAMMA AGED ABOUT 52 YEARS.
11. SRI. GOVARDHANA S/O LATE MUDDAPPA AND SMT. SHARADAMMA AGED ABOUT 48 YEARS.
12. SRI. CHAMPAKADHAMA S/O LATE MUDDAPPA AND SMT. SHARADAMMA AGED ABOUT 46 YEARS.
13. SRI. SUNDARESHA S/O LATE MUDDAPPA AND SMT. SHARADAMMA AGED ABOUT 44 YEARS.
14. SRI. DHANANJAYA B.K S/O LATE B.C. KEMPAIAH AND SMT. MUNIYAMMA AGED ABOUT 36 YEARS.
RESPONDENT NO.10 TO 14 ARE RESIDING AT SMRK-LG LAKE VIEW LAYOUT, BILE SHIVALE VILLAGE, SHIVARAMA KARANTHA NAGAR, BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU – 560 077.
15. SMT. H. GOWRAMMA W/O LATE SRI. K.P. MUDDAPPA AGED ABOUT 50 YEARS.
16. SMT. M. ANURADHA D/O LATE SRI. K.P. MUDDAPPA AGED ABOUT 32 YEARS.
THE 15TH AND 16TH RESPONDENTS ARE RESIDING AT KALKERE VILLAGE HORAMAVU POST, K.R. PURAM HOBLI BENGALURU – 560 043.
17. SMT. SAVITHRAMMA D/O LATE B.C. MUDDAPPA AND SMT. SHARADAMMA AGED ABOUT 58 YEARS.
18. SMT. KASTURI D/O LATE B.C. MUDDAPPA AND SMT. SHARADAMMA AGED ABOUT 56 YEARS.
19. SMT. KOMALAMMA D/O LATE B.C. MUDDAPPA AND SMT. SHARADAMMA AGED ABOUT 54 YEARS.
20. SMT. JALAJAKSHI D/O LATE B.C. MUDDAPPA AND SMT. SHARADAMMA AGED ABOUT 52 YEARS.
21. SMT. KAMALAMMA D/O LATE B.C. KEMPAIAH AND SMT. MUNIYAMMA AGED ABOUT 58 YEARS.
22. SMT. SHASHIKALA W/O SRI. B.K. MANJUNATH AGED ABOUT 36 YEARS.
23. MASTER TEJAS S/O SRI. B.K. MANJUNATH AGED ABOUT 12 YEARS (SINCE MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT. SHASHIKALA 7TH APPELLANT) 24. SRI. B.K. SHIVAPPA S/O LATE B.C. KEMPAIAH AND SMT. MUNIYAMMA AGED ABOUT 50 YEARS.
25. SMT. B.K. VEDHAVATHI D/O LATE B.C. KEMPAIAH AND SMT. MUNIYAMMA AGED ABOUT 46 YEARS.
26. SRI. B.K. RAGHAVENDRA S/O LATE B.C. KEMPAIAH AND SMT. MUNIYAMMA AGED ABOUT 42 YEARS.
27. SMT. B.K. AMBUJA D/O LATE B.C. KEMPAIAH AND SMT. MUNIYAMMA AGED ABOUT 38 YEARS.
RESPONDENTS NO.17 TO 27 ARE RESIDING AT SMRK/LG LAKE VIEW LAYOUT, BELISHIVALAYA VILLAGE, SHIVARAMAKARANTHA NAGAR, BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU – 560 077.
... RESPONDENTS (BY SRI. Y.D. HARSHA, AGA FOR R-1 TO R-4; SRI. K. SHIVASHANKAR, ADVOCATE FOR IMPLEADING APPLICATION) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 HEREIN TO CONSIDER THE APPEAL FILED U/S 136(2) OF THE KARNATAKA LAND REVENUE ACT, 1964 IN R.A.(B.E.) NO.78/2019 AND THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONER ON 19.02.2019 AS PER ANENXURES-A & B RESPECTIVELY WITHIN THE TIME FRAME FIXED BY THIS HON'BLE COURT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed seeking a writ of mandamus to direct first respondent to consider the appeal filed by the petitioner under Section 136(2) of Karnataka Land Revenue Act, 1964 in R.A. (B.E.) No.78/2019 and also the interlocutory application filed on 19.02.2019 vide Annexures –A and B respectively within time frame that may be fixed by the Court.
2. Above appeal has been filed challenging the mutation entries dated 08.02.2019 made in the MR No.H13/2018-2019 and RTC entries made by respondent Nos.1 to 3 thereunder in favour of respondent Nos. 4 to 7 in respect of Sy.No.78/2 to an extent of 2 acres 31 guntas and 6 guntas of Kharab land situated at Horamavu Village, K.R.Puram Hobli, Bangalore East Taluk, Bangalore and for restoration of previous mutation and RTC entries. Said appeal had been filed by appellant on the premise that they are entitled for restoration and grant of occupancy rights in their favour and the revenue entries made in respect of land in question is erroneous. Undisputedly, Land Tribunal had allowed the claim of petitioners/appellants. Being aggrieved by the same, writ petitions were filed in W.P.No.22136/1981 and in W.P.No.16853/1999 (LR) challenging the orders of the land tribunal dated 21.11.1980 and 10.02.1999 respectively passed in LRF 1098/74-75 and said writ petitions came to be allowed by orders dated 23.02.1983 (Annexure-E) and 14.11.2006 (Annexure- H) respectively.
3. Present writ petitioner along with other appellants had filed W.A.No.2182/2006 which has been dismissed on 26.07.2019. Thus, order of the Land Tribunal as on date had reached finality in effect, revenue entries made, which had been challenged by the petitioner and others in R.A.No.78/2019 has virtually rendered infructuous.
As such question of issuing writ of mandamus does not arise and there being no representation on behalf of petitioners and also on merits and there being no good ground to entertain this petition, it stands dismissed.
SD/- JUDGE RU