IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL No.352 OF 2023 (SC-ST)

BETWEEN:

1 . SMT. SUSHEELAMMA @ SUSHEELA, D/O. LATE SHARADAMMA, AGED ABOUT 68 YEARS, 6^TH BLOCK, RAJAJINAGAR, C/O. DIVYA STORES, 12^TH B MAIN, BANGALORE-560 010.

PRESENTLY R/AT No. 24, D BLOCK, NGO 'S' QUARTERS, 6^TH BLOCK, RAJAJINAGAR, BENGALURU-560 010.

2 . SRI. SRINIVASA, S/O. LATE SHARADAMMA, AGED ABOUT 62 YEARS, No. 1087, 66^TH CROSS, 8^TH B MAIN ROAD, 5^TH BLOCK, RAJAJINAGAR, BANGALORE-560 010, PRESENTLY R/AT No. 24, 'D' BLOCK, NGO 'S' QUARTERS, 6^TH BLOCK, RAJAJINAGAR, BENGALURU-560 010.

...APPELLANTS (BY SRI GANGI REDDY B. V., ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, AMBEDKAR VEEDI, REPRESENTED BY SECRETARY, BANGALORE-560 001.

2 . THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BANGALORE-560 001.

3 . THE ASSISTANT COMMISSIONER, BANGALORE NORTH SUB-DIVISION, PODIUM BLOCK, BANGALORE-560 001.

4 . THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NRUPATHUNGA ROAD, BANGALORE-560 001.

5 . SRI. KOTHANUR M. THAMMANNA, AGED ABOUT 73 YEARS, S/O. LATE MINISHAMAPPA, R/AT BAGALUR VILLAGE, JALA HOBLI, BANGALORE NORTH (ADDL.) TALUK, BANGALORE-562 157.

6 . SRI. R. DEVENDRA S/O. A. RAJANNA, R/AT VEERABHADRANAPALYA, DODDABALLAPUR TOWN, BANGALORE RURAL DISTRICT-561 203.

7 . SRI. R. CHANDRANNA S/O. A. RAJANNA, R/AT VEERABHADRANAPALYA, DODDABALLAPUR TOWN, BANGALORE RURAL DISTRICT-561 203.

8 . SRI. R. CHETAN KUMAR S/O. A. RAJANNA, R/AT VEERABHADRANAPALYA, DODDABALLAPUR TOWN, BANGALORE RURAL DISTRICT-561 203.

9 . SMT. SHARADAMMA @ SHOBHA D/O. A. RAJANNA, No. 222, 1^ST CROSS, MANJUNATHA LAYOUT, NAGASHETTIHALLI, BANGALORE-560 094.

10 . SMT. KALYANAKUMARI, W/O. SRI. SUDHAKAR, KANTEERAVANAGAR, DASARAHALLI, BANGALORE-560 057.

…RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3;

SRI R. PURUSHOTHAMA, ADVOCATE FOR SRI P.V. CHANDRA SHEKAR, ADVOCATE FOR R4;

SRI K. SHIVASHANKAR, ADVOCATE FOR R5;

SRI V.F. KUMBAR, ADVOCATE FOR R6 TO R8;

SRI RAJANNA, ADVOCATE FOR R9 & R10)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 13/02/2023 MADE IN WP 1776/2012 ON THE FILE OF THIS HON'BLE COURT AND GRANT THE APPELLANTS ALL THE RELIEFS WHICH THEY HAVE PRAYED FOR IN THE CASE No.SCST(A) 131/2010-11 MARKED AT ANNEXURE-A AND PASS SUCH OTHER ORDER OR ORDERS INCLUDING A DIRECTION TO THE CONTESTING RESPONDENTS TO PAY THE APPELLANTS THE COST OF THESE PROCEEDINGS.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS PRONOUNCED AS UNDER:

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR. JUSTICE K. V. ARAVIND C.A.V. JUDGMENT (PER: HON'BLE MR. JUSTICE K. V. ARAVIND)

Heard learned advocate Mr. B.V. Gangi Reddy for the appellants, learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos.1 to 3, learned advocate Mr. P. Purushothama for learned advocate Mr. P.V. Chandra Shekar for respondent No.4, learned advocate Mr. K. Shivashankar for respondent No.5, learned advocate Mr. V.F. Kumbar for respondent Nos.6 to 8 and learned advocate Mr. Rajanna for respondent Nos.9 and 10.

2. This intra Court appeal under Section 4 of the Karnataka High Court Act, 1961 is directed against the order in Writ Petition No.1776 of 2012 dated 13.02.2023.

3. The appellants, being the legal heirs of the original grantee, sought resumption of the land, which request was initially rejected by the Assistant Commissioner. However, in appeal, the Deputy Commissioner allowed the resumption. This order was challenged in a writ petition. The Learned Single Judge, upon consideration, set aside the order of resumption.

4. The facts leading to this appeal are that, the land bearing Old Survey No.74 (New Survey No.34) measuring 4 Acres situated at Bandikodigehalli Villag