IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 22ND DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL Nos. 1476-77 OF 2018 (KLR-RES) BETWEEN:
1. SRI SHRAVAN G.
SON OF GOVINDARAJU.N AGED ABOUT 28 YEARS, RESIDING AT NO.101 DIVYASHREE RESIDENCY H.D.DEVEGOWDA ROAD, R.T. NAGARA POST, BENGALURU-560 032.
2. SRI. SHASHANK.G SON OF GOVINDARAJU.N AGED ABOUT 26 YEARS RESIDING AT NO.101 DIVYASHREE RESIDENCY H.D.DEVEGOWDA ROAD R.T.NAGARA POST BENGALURU-560 032.
... APPELLANTS (BY SRI. JAYAKUMAR S.PATIL, SENIOR COUNSEL FOR SRI. DEVIPRASAD SHETTY, ADVOCATE) AND:
1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER URBAN DISTRICT BANGALORE URBAN BEHIND CAUVERY BHAVANA K.G.ROAD, BENGALURU-560 009.
3. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION, KANDAYA BHAVAN, BENGALURU-560 009.
4. THE TAHSILDAR BANGALORE NORTH TALUK, BENGALURU-560 094.
5. THE CITY SURVEYOR K.R.CIRCLE, BENGALURU-560 001.
6. THE JOINT DIRECTOR OF LAND RECORDS, K.R.CIRCLE, BENGALURU-560 001.
7. THE DEPUTY DIRECTOR FOR LAND RECORDS, K.R.CIRCLE, BENGALURU-560 001.
8. THE SURVEY SUPERVISOR OFFICE OF TAHSILDAR BANGALORE NORTH TALUK, BENGALURU-560 094.
9. THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND EX. OFFICIO DEPUTY DIRECTOR OF LAND RECORDS DEPUTY COMMISSIONER’S OFFICE BANGALORE URBAN DISTRICT BENGALURU-560 009.
10. THE COMMANDANT PARACHUTE REGIMENT TRAINING CENTRE J.C.NAGARA, BENGALURU-560 006.
11. THE DEFENCE ESTATE OFFICE KARNATAKA CIRCLE, KAMARAJA ROAD, REPRESENTED BY ITS DEFENCE ESTATE OFFICER, BENGALURU-560 042.
... RESPONDENTS (BY SRI. S.S. MAHENDRA, AGA FOR RESPONDENT Nos.1 TO 9, SRI. H. JAYAKARA SHETTY, CENTRAL GOVERNMENT COUNSEL FOR RESPONDENT Nos.10 AND 11) THESE APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDERS PASSED IN WRIT PETITION Nos.33800-33801/2016 DATED 20/3/2018 AND ALLOW THE WRIT PETITIONS.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the impugned order dated 20.03.2018 passed by the learned Single Judge in W.P.Nos.33800- 33801 of 2016, by which the writ petitions were dismissed, the writ petitioners have preferred these appeals.
2. Irrespective of the plea of the appellants, it is pleaded that a liberty be granted to the appellants to prefer an appeal against the impugned order before *the appropriate authority. We do not find any impediment to grant the said liberty, since none of the rights of the respondents would stand affected by granting such relief.
3. Hence, the writ appeals are disposed off, with a liberty to the appellants to challenge the impugned survey sketch before *the appropriate authority, in accordance with law.
Sd/- Sd/-
JUDGE JUDGE mpk/-* CT:bms *Page No.4 is retyped and replaced vide Court order dated 20.12.2019.