IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.28940/2019 (KLR-RES) BETWEEN:
1. SRI. RAJAPPA S/O LATE CHOKKAPPA AGED ABOUT 65 YEARS.
2. SMT RAJAMMA W/O RAJAPPA AGED ABOUT 58 YEARS.
3. SMT. G.R. SHOBHAVATHI D/O RAJAPPA AGED ABOUT 43 YEARS.
4. SMT. G.R. PRABHAVATHI D/O RAJAPPA AGED ABOUT 40 YEARS.
5. SRI. G.R. SURESH KUMAR S/O RAJAPPA AGED ABOUT 37 YEARS.
6. SMT. SHYLAJA D/O RAJAPPA AGED ABOUT 34 YEARS.
(BY SRI. K. VIJAYA KUMAR, ADVOCATE) AND:
1. ASSISTANT COMMISSIONER KOLAR SUB DIVISION KOLAR – 563 101.
... PETITIONERS 2. THASILDAR MALUR TALUK, MALUR KOLAR DISTRICT – 563 130.
3. SMT. LAKSHMAMMA W/O LATE KRISHNAPPA AGED ABOUT 67 YEARS R/AT THINDLI VILLAGE DEVANAGUNDI POST HOSKOTE TALUK BENGALURU RURAL DISTRICT PIN – 562 114.
4. SMT. RATHNAMMA W/O GOPALAPPA AGED ABOUT 65 YEARS R/AT NO.14-3 MATHAM AGRAHARAM VILLAGE MOOKANDAPALLI POST HOSUR TALUK KRISHNAGIRI DISTRICT PIN – 635 126.
SRI. CHIKKA MUNIYAPPA DIED LR’s NOT BROUGHT ON RECORD BEFORE 1ST RESPONDENT 5. SRI. VENKATARAMANAPPA S/O LATE CHOKKAPPA AGED ABOUT 73 YEARS RESIDING AT GONUR VILLAGE LAKKUR HOBLI, MALUR TALUK KOLAR DISTRICT PIN – 563 130.
6. SRI. CHANDRAPPA S/O LATE CHOKKAPPA AGED ABOUT 63 YEARS RESIDING AT NO.44, NEHRU EXTENSION MALUR TOWN KOLAR DISTRICT PIN – 563 130.
7. SRI. SRINIVAS S/O LATE KEMPANNA AGED ABOUT 58 YEARS.
8. SRI. SAMAPGI S/O LATE KEMPANNA AGED ABOUT 56 YEARS.
RESPONDENT NO.7 & 8 ARE RESIDING AT GONUR VILLAGE LAKKUR HOBLI, MALUR TALUK KOLAR DISTRICT PIN – 563 130.
9. SMT. SAROJAMMA D/O LATE RAMAPPA AGED ABOUT 55 YEARS R/O ARELERI ROAD NEAR S.L.V. LAYOUT MALUR TOWN KOLAR DISTRICT PIN – 563 130 10. SRI. RAGAVENDRA S/O LATE KEMPANNA AGED ABOUT 52 YEARS. R/AT GONUR VILLAGE LAKKUR HOBLI MALUR TALUK KOLAR DISTRICT – 563 130.
SRI. KANAKA RAJU DIED LR’s NOT BROUGHT ON RECORD BEFORE 1ST RESPONDENT 11. SRI. RADHA KRISHNA S/O LATE KEMPANNA AGED ABOUT 48 YEARS R/O C/O M.P. SRINIVAS NO.467, NEAR TIRUMALA COULTRY, 2ND STAGE R.P. LAYOUT, MARUTHI EXTENSION, MALUR TOWN PIN - 563 130 12. SMT. JAYAMMA W/O LATE NARAYANAPPA AGED ABOUT 46 YEARS.
13. SRI. MAHESH KUAMR S/O LATE NARAYANAPPA AGED ABOUT 46 YEARS.
RESPONDENT NO.12 & 13 ARE R/O NO.99, BALAJI NILAYA 5TH MAIN ROAD BHUVANESHWARINAGAR BANGALORE – 560 055.
14. SRI. M. SUBASH CHANDRA S/O M. NARAYANAREDDY AGED ABOUT 30 YEARS.
15. SRI. G.M. DEVARAJU S/O CHIKKAMUNIYAPPA AGED ABOUT 50 YEARS.
16. SRI. RAJAPPA S/O CHIKKAMUNIYAPPA AGED ABOUT 43 YEARS.
17. SMT. AMARAVATHI D/O CHIKKAMUNIYAPPA AGED ABOUT 43 YEARS.
18. SRI. M. SATISH S/O CHIKKAMUNIYAPPA AGED ABOUT 41 YEARS.
RESPONDENT NO.14 TO 18 ARE RESIDING AT GONUR VILLAGE LAKKUR HOBLI, MALUR TALUK KOLAR DISTRICT PIN – 563 130.
19. SMT. A.M. NEELAMMA W/O CHANDRAPPA AGED ABOUT 70 YEARS.
20. SRI. G.C. NAVEEN KUMAR S/O CHANDRAPPA AGED ABOUT 49 YEARS.
RESPONDENTS 19 & 20 ARE RESIDING AT NO.44 NEHRU EXTENSION MALUR TOWN, KOLAR DISTRICT PIN - 563 130.
21. SRI. NARAYANA REDDY S/O MUNI REDDY R/AT PANNATUR DENNE VILLAGE & POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE URBAN DISTRICT PIN - 560 103.
(BY SRI.Y.D. HARSHA, AGA) ... RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, KOLAR TO DISPOSE OF THE R.A.NO.385/2015-16 VIDE ANNEXURE-A WITHIN A REASONABLE TIME TO BE 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 Since no order adverse to the interest of contesting private respondent Nos.3 to 21 is being passed, dispensing with notice to respondent Nos.3 to 21 this petition is taken up for final disposal.
2. Heard Sri. K.Vijaya Kumar, learned counsel appearing for petitioners and Sri. Y.D.Harsha, learned AGA appearing for respondent Nos.1 and 2. Perused the records.
3. Respondent Nos.3 and 4 herein being aggrieved by the order passed by Tahsildar, Malur Taluk, Kolar District, in MR No.12/2009-10 dated 10.05.2010 have filed R.A.No.385/2015-16. In the said appeal petitioners have been arraigned as respondent Nos.4, 14, 15, 16, 17 and 18 respectively. However, said appeal having not been disposed of, petitioners namely respondents in R.A.No.385/2015-
16 are seeking for a writ of mandamus to first respondent to dispose of the appeal within a timeframe.
4. Order sheet of the proceedings pending before first respondent does not disclose as to whether service of notice on all the respondents is complete. In this factual scenario, it would not be appropriate to direct first respondent to dispose of the appeal on merits even in the absence of parties before the appeal not being served. However, liberty is granted to petitioners namely, respondent Nos.4, 14, 15, 16, 17 and 18 to file appropriate application seeking for vacating interim order of stay, if they are so advised and in the event of such an application being filed by appellants (in R.A.No.385/2015-16), first respondent shall dispose of the said application expeditiously at any rate within an outer limit of 4 weeks from filing of such application, which would be after hearing the parties concerned.
With this observation, writ petition stands disposed of.
SD/- JUDGE DR