IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 B E F O R E THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA WRIT PETITION NO.38263 OF 2017 (KLR-RES) BETWEEN:
1. SRI MAHALINGAIAH @ MAHALINGAPPA S/O LATE BOODAYELLAPPA AGED ABOUT 59 YEARS 2. SMT.PAVACHANAMMA W/O LATE LINGAPPA AGED ABOUT 57 YEARS 3. SRI RAMESHA S/O LATE LINGAPPA AGED ABOUT 33 YEARS 4. SRI SOMASHEKAR S/O LATE LINGAPPA AGED ABOUT 28 YEARS 5. SRI RENUKAIAH S/O LATE LINGAPPA AGED ABOUT 26 YEARS 6. SMT.SIDDAMMA W/O LATE LINGAPPA AGED ABOUT 55 YEARS ALL ARE R/AT K.GOLLAHALLI VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU – 560 060 … PETITIONERS (BY SRI B.M. HALASWAMY, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETAY REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE – 560 001 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE – 560 002 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION BENGALURU – 560 002 4. THE TAHSILDAR BENGALURU SOUTH TALUK BANGALORE – 560 060 5. SMT.VENKATAMMA D/O YELLAPPA AGED ABOUT 50 YEARS R/AT NO.173, K.GOLLARAHATTI KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE – 560 060 6. SMT.B.HEMALATHA W/O RAMESH MAJOR IN AGE R/AT K.GOLLAHALLI VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU – 560 060 … RESPONDENTS (BY SRI KIRAN KUMAR.T.L, AGA FOR R1 TO R4; SRI K.B.NAVEEN KUMAR, ADV. FOR C/R5; SMT.KANTHAMANI N.E., ADV. FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 22.10.2016 PASSED BY RESPONDENT NO.2 IN RP 501/2015-16 AT ANNEXURE –G.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners, who are children of Bodayellappa have come up in this writ petition impugning Annexure-G, Order dated 22.10.2016 passed by the 2nd respondent in Revision Petition No.501/2015-16.
2. The background of the dispute is that land bearing Sy. No.9 measuring 2 acres 17 guntas of Vasanthanahalli Village, Kengeri – 2 Hobli, Bengaluru South Taluk was stated to be earlier registered in the name Bodappa @ Beeralingappa, father of Bodayellappa and Yellappa. It is submitted that Bodayellappa and Yellappa are brothers and they constituted joint family. It is the case of petitioners that land bearing Sy. No.9 was granted exclusively in the name of Bodayellappa and after the death of their father, the land should have come to them by way of inheritance. However, it is their grievance that the revenue authorities have passed order recoginising right of 5th respondent – Smt. Venkatamma who is daughter of Yellappa, younger brother of petitioner’s father Bodayellappa as having rights to a certain extent of land in Sy. No.9 which is shown as 2 acres 17 guntas. According to them, the said revenue entries have clandestinely come up in the name of 5th respondent who does not have any right, title and interest in the said property i.e., Sy. No.9. It is also their case that when the same was challenged before the 3rd respondent in R.A.(S) No.401/2012-13, the Assistant Commissioner accepted the contention of the petitioners and directed the 4th respondent - Tahsildar to enter the names of petitioners jointly in respect of Sy. No.9 measuring 2 acres 17 guntas situated in Vasanthahalli Village, Kengeri Hobli, Bengaluru South Taluk. The said finding was subsequently set aside by the 2nd respondent – Deputy Commissioner in a revision filed before him in R.P. No.501/2015-16, and subjected the same to result of a civil dispute pending in Civil Court in respect of said survey No.9 measuring 2 acres and 17 guntas.
3. After hearing the matter for some time, it is found that the dispute between the parties is with respect to succession and secondly in challenging the revenue entries in the name of the 5th respondent Venkatamma as legal heir of Yellappa who is the younger brother of Boodayellappa. When the entire records are looked into, there is no reference to the severance in status of joint family between Boodayellappa and Yellappa, prior to the date when entries are made in the name of the 5th respondent.
In that view of the matter, this Court feel that in a writ jurisdiction this matter cannot be decided. The parties have to approach the Civil Court with reference to their right to succession of land bearing Sy.No.9 measuring 2 acres 17 guntas of Vasanthahalli village which earlier stood in the name of Bodayellappa and also with reference to other properties which stood in the name of Bodayellappa and 5th respondent’s father Yellappa.
Accordingly, reserving such liberty to the petitioners, this writ petition is disposed of.
sac* dvr/-
Sd/- JUDGE