IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA W.P.NOs.29293-29294/2019(KLR-RES) BETWEEN 1. SRI T G JAYANNA S/O GANGABYLAIAH, AGED ABOUT 44 YEARS OCC:AGRICULTURIST R/AT KOTANAHALLI VILLAGE BILLANAKOTE POST THYMAGONDLU HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562 123 2. SRI B.N.RAVIKUMAR S/O LATE NARASAIAH, AGED ABOUT 46 YEARS OCC:AGRICULTURIST, R/AT BIDDALURU VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA, BENGALURU RURAL DISTRICT-562 111 ... PETITIONERS (BY SRI SANDESH C R, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, MS BUILDING, DR.AMBEDKAR ROAD, BENGALURU-560 001.
2. THE TECHNICAL ASSISTANT OF LAND SURVEY AND DEPUTY DIRECTOR OF LAND RECORDS, OFFICE OF THE DEPUTY COMMISSIONER, VEERASANDRA VILLAGE, CHAPPARAKALLI, DEVANAHALLI, BENGALURU-562 110 3. THE ASSISTANT DIRECTOR OF LAND RECORDS NELAMANGALA TALUK, NELAMANGALA-562 123 4. SRI.ESHWARAIAH S/O NARASAPPA, AGED MAJOR, 5. SRI.B.C.RAJANNA S/O CHIKKAMALLAIAH, AGED MAJOR, 6. SRI.B.C.GANGA HANUMAIAH S/O CHIKKAMALLAIAH, AGED MAJOR, 7. SRI.B.C.MAHALINGAIAH S/O CHIKKMALLAIAH, AGED MAJOR, 8. SMT.HARIYAMMA D/O CHIKKAMALLESH, AGED :MAJOR 9. SRI.GANGAIAH S/O MALLAIAH ALIAS BHADRAIAH, AGED MAJOR, SRI G RAMAIAH S/O GANGAIAH SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES WHO ARE ALREADY ON RECORD SMT.VANAJAMMA-R11 SMT.LALITHAMMA-R12 SMT.B.R.NAVARATHNA-R13 SMT.B.R.GANGAVATHI-R14 SRI.B.R.RAJASHEKAR-R21 SRI.B.R.RAVIKUMAR-R30 10. SRI.KUMARASWAMY S/O NARASAPPA, AGED ABOUT MAJOR, 11. SMT.VANAJAMMA D/O G.RAMAIAH, AGED MAJOR 12. SMT.LALITHAMMA D/O G.RAMAIAH, AGED MAJOR, 13. SMT.B.R.NAVARATHNA D/O G.RAMAIAH, AGED MAJOR, 14. SMT.B.R.GANGAVATHI D/O G.RAMAIAH, AGED MAJOR, 15. SMT.CHIKKMALLAMMA HUSBAND NOT KNOWN, AGED MAJOR, 16. SRI.CHIKKRAMAIAH S/O CHIKKMALLAIAH ALIAS AJJIPPA, AGED MAJOR, 17. SRI.B.P.CHANDRASHEKAR S/O PUTTAMALLAIAH AGED MAJOR, 18. SRI.RAJANNA FATHER NOT KNOWN AGED MAJOR, 19. SRI.LINGRAJU S/O NARASAPPA, AGED MAJOR, SRI.T.GANGARUDRAIAH S/O LATE GANGAIAH, SINCE DECEASED REPRESENTED BY HIS LR 20. SRI.KEMPARAJU, AGED MAJOR, 21. SRI.B.R.RAJASHEKAR S/O G.RAMAIAH, AGED MAJOR, 22. SRI.ASHWATHNARAYAN FATHER NOT KNOWN, AGED MAJOR, 23. SRI.RAVIKUMAR S/O RAMAIAH, AGED MAJOR, 24. SMT.KAMALAMMA D/O THIMMAPPA, AGED MAJOR, 25. SRI.B.R.ASHWATHAIAH S/O LATE D.RUDRAIAH, AGED MAJOR, 26. SMT.VIMALAMMA W/O LATE DODDARAMAIAH, AGED MAJOR, 27. SRI.LINGAIAH S/O KARIMALLAIAH, AGED MAJOR, 28. SRI.HANUMAIAH S/O CHIKKAMALLAIAH, AGED MAJOR, 29. SRI.RAMAKRISHNAIAH S/O CHIKKMALLAIAH, AGED MAJOR, 30. SRI.B.R.RAVIKUMAR S/O G.RAMAIAH, AGED MAJOR, 31. SRI.ANJINAMALLAIAH S/O CHIKKMALLAIAH, AGED MAJOR, RESPONDENT Nos.4 TO 31 ARE RESIDING AT BILLANAKOTE GRAMA, SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL-562 111 ...RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 TO R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT TO STAY ALL FURTHER PROCEEDINGS IN APPEAL NO.221/2018-2019 PENDING BEFORE THE DDLR/2ND RESPONDENT AUTHORITY WHO HAS NOW RESERVED THE MATTER FOR FINAL ORDERS ON 18.06.2019 VIDE ANNEXURE-A UNTIL DISPOSAL OF THE REVISION PETITION PREFERRED BY THE PETITIONERS IN R.P.NO.28/2019 VIDE ANNEXURE-T PENDING BEFORE THE HON'BLE KARNATAKA APPELLATE TRIBUNAL VIDE ANNEXURE-X AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners herein are the petitioners in Revision petition No.28/2019 on the file of Karnataka Appellate Tribunal, Bengaluru. They have filed the said revision petition challenging the order dated 18.06.2019 in Appeal No.221/2018-19 on the file of the Technical Assistant of Land Survey and Deputy Director of Land Records, Office of the Deputy Commissioner, Beerasandra (Chapparakallu), Devanahalli Taluk of Bangalore Rural District.
2. The grievance of the petitioners is that the spot inspection conducted in the proceedings before the 2nd respondent is illegal and the said proceedings is reserved for final orders which was the subject matter of the challenge in Appeal No.221/2018-19 by them before the Karnataka Appellate Tribunal in Revision Petition No.28/2019 where their prayer for interim order was not considered. It is, in this background they have come up in these writ petitions impugning the said proceedings.
3. Heard the learned counsel for the petitioners.
4. Considering the fact that the present writ petitions are filed challenging the issuance of notice to the respondents in Revision Petition No.28/19 on the ground that they are required to be heard before deciding the prayer of the petitioners in the said writ petitions, no order need to be passed in the present writ petitions in interfering with the proceedings pending before the Karnataka Appellate Tribunal under Section 56 of the Karnataka Land Revenue Act, 1964.
Admittedly, the said proceedings is also with reference to pending proceedings before the 2nd respondent. Accordingly, these writ petitions are disposed of reserving liberty to the petitioners to approach the Karnataka Appellate Tribunal and pursue the same for disposal on merits at the earliest.
5. Learned Additional Government Advocate is permitted to file memo of appearance within two weeks.
Sd/- JUDGE TL