2024 Supreme(Online)(KAR) 27675

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF SEPTEMBER, 2024 BEFORE THE HON’BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.30369 OF 2017 C/W WRIT PETITION NOS.23144 OF 2017, 24109 OF 2017 AND 27409 OF 2017 IN WP NO.30369 OF 2017 BETWEEN:

1 . MR. N. VENKATASWAMAPPA S/O LATE NANJAPPPA AGED ABOUT 83 YEARS

2. N. RAMAIAH SINCE DECEASED REP. BY LRS.

2(a). SMT. KAMALAMMA W/O LATE N. RAMAIAH AGED ABOUT 60 YEARS

2(b). SRI. R. THYAGARAJ S/O LATE N. RAMAIAH AGED ABOUT 59 YEARS 2(c). SRI. R. KEMPARAJ S/O LATE N. RAMAIAH AGED ABOUT 50 YEARS

2(d). SRI. R. NANJE GOWDA S/O LATE N. RAMAIAH AGED ABOUT 45 YEARS

2(e). SRI. R. MAHESH GOWDA S/O LATE N. RAMAIAH AGED ABOUT 42 YEARS

3. S HRI. N. KRISHNAPPA S/O LATE NANJAPPA AGED ABOUT 75 YEARS

4. SHRI. N. RAJANNA S/O LATE NANJAPPA AGED ABOUT 70 YEARS BYAMMA W/O LATE SONNAPPA SINCE DECEASED BY LRS

5. SHRI. T.S. MUNIRAJAPPA S/O LATE SONNAPPA AGED ABOUT 59 YEARS

6. SHRI. T.S. NARAYANASWAMY S/O LATE SONNAPPA AGED ABOUT 57 YEARS

7. SHRI. S. MUNIYAPPA S/O LATE SONNAPPA AGED ABOUT 55 YEARS DR. N. MUNIRATHNA S/O LATE NANJAPPA SINCE DECEASED BY LRS

8. DR. NANDINI N.

W/O LATE N MUNIRATHNA AGED ABOUT 56 YEARS.

9. DR. M. AVINASH S/O LATE N MUNIRATHNA AGED ABOUT 30 YEARS 10. MR. M. RITHESH S/O LATE N MUNIRATHNA AGED ABOUT 28 YEARS ...PETITIONERS (BY SRI. G.L.VISHWANATH, SENIOR COUNSEL FOR SRI. P.B.AJIT, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY DEPARTMENT OF LAND REFORMS M S BUILDING, 5TH FLOOR BENGALURU - 560001.

2 . THE LAND TRIBUNAL BANGALORE NORTH (ADDL) TALUK BENGALURU - 560009 REPRESENTED BY ITS CHAIRMAN THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION.

3. SHRI. S. VEERANNA S/O LATE SONNAPPA AGED ABOUT 57 YEARS, THIRUMALENAHALLI, MANDUR POST, BIDARAHALLI HOBLI, BANGALORE EAST TALUK BENGALURU - 560049.

4. MR. H. KEMPAIAH SINCE DECEASED REP. BY LRS.

4(a). SMT. NAGARATHANAMMA W/O LATE NARAYANSWAMY AGED ABOUT 65 YEARS R/AT ATTIBELE VILLAGE SULIBELI HOBLI HOSKATE TALUK BENGALURU RURAL DISTRICT. 4(b). SMT. K. VIMALAMMA W/O JAYARAMAIAH AGED ABOUT 62 YEARS R/AT KALIDASA MARG GANDHINAGAR BENGALURU-560 009.

4(c). SRI. K. NARAYANGOWDA S/O LATE H. KEMPAIAH AGED ABOUT 59 YEARS R/AT BAGALUR VILLAGE JALA HOBLI, BENGALURU NORTH TALUK BENGALURU URBAN DISTRICT.

4(d). SMT. K. RADHA W/O G. NARAYAN GOWDA AGED ABOUT 58 YEARS R/AT MUTHUGADAHALLI VILLAGE KAIWARA HOBLI CHINTHAMANI TALUK CHICKABALAPURA DISTRICT.

4(e). RAMACHANDRA GOWDA SINCE DECEASED REP. BY LRS.

4(e)(i). SMT. MAMATHA W/O LATE RAMACHANDRA GOWDA AGED ABOUT 55 YEARS R/AT NO.22, 2ND 'A' MAIN AJJAMALAPPA KACHARKANAHALLI BENGALURU-560 084.

4(f). SMT. K. CHANDRIKA W/O V. SRINIVAS GOWDA AGED ABOUT 52 YEARS R/AT KANIGENAHALLI VILLAGE CHICKBALAPURA TALUK AND DISTRICT.

4(g). SMT. RENUKA W/O CHANDRASHEKAR AGED ABOUT 50 YEARS R/AT KALLUKATTA SRINGERI TALUK CHICKAMANGALUR DISTRICT.

MUNIBYRAPPA SINCE DECEASED REP. BY LRS.

5. MR. M. RAMANNA SINCE DECEASED REP. BY LRS.

5(a). NARAYANSWAMY S/O LATE RAMANNA M., SINCE DECEASED REP. BY LRS.

5(a)(i). SMT. MANJULA W/O LATE NARAYANSWAMY AGED ABOUT 55 YEARS

5(a)(ii). SRI. GANESH N.

S/O LATE NARAYANSWAMY AGED ABOUT 35 YEARS 5(b). SRI. MUNIRAJ S/O LATE M. RAMANNA AGED ABOUT 62 YEARS

5(c). SRI. LAKSHMANA GOWDA S/O LATE M. RAMANNA AGED ABOUT 58 YEARS

5(d). SRI. LAKSHMANA MURTHY S/O LATE M. RAMANNA AGED ABOUT 50 YEARS ALL ARE RESIDING AT BUDIGERE VILLAGE CHANARAYAPATANA HOBLI DEVENAHALLI TALUK BENGALURU RURAL DISTRICT.

6. SONNAMMA W/O LATE M. KRISHNAPPA SINCE DECEASED DURING THE PENDENCY OF THE ABOVE WP

7. MR. SRINIVASA GOWDA S/O LATE KRISHNAPPA AGED ABOUT 50 YEARS

8. SHRI K. MANJUNATH S/O LATE KRISHNAPPA AGED ABOUT 45 YEARS RESPONDENTS NO. 7 AND 8 ARE R/AT BUDIGERE VILLAGE DEVENAHALLI TALUK CHANNARAYAPATNA HOBLI BENGALURU RURAL DISTRICT.

BENGALURU.

9. NANJAPPA @ DODDA NANJAPPA SINCE DECEASED REP. BY LRS.

9(a). SMT. CHIKKAMUNIYAMMA W/O LATE DODDANANJAPPA @ NANJAPPA AGED ABOUT 69 YEARS 9(b). SRI. BYANNA S/O LATE DODDANANJAPPA @ NANJAPPA AGED ABOUT 59 YEARS

9(c). SRI. MUNIRAJU W/O LATE DODDANANJAPPA @ NANJAPPA AGED ABOUT 47 YEARS

9(d). NARAYANASWAMY SINCE DECEASED REP. BY LRS. 9(d)(i). SMT. PARVATHAMMA W/O LATE NARAYANASWAMY AGED ABOUT 53 YEARS 9(d)(ii). SRI. RAMESHA S/O LATE NARAYANASWAMY AGED ABOUT 29 YEARS

9(d)(iii). SRI. MADHU S/O LATE NARAYANSWAMY AGED ABOUT 26 YEARS RESPONDENTS NO.9(a) TO 9(d)(iii)

ARE RESIDING AT THIRUMANAHALLI VILLAGE, MANDOOR POST BANGALORE EAST TALUK BENGALURU-560 049. 10. CHIKKANNA SINCE DECEASED REP. BY LRS.

10(a). SRI. NAGARAJAPPA S/O LATE CHIKKANNA AGED ABOUT 64 YEARS

10(b). SRI. JAYARAJAPPA S/O LATE CHIKKANNA AGED ABOUT 62 YEARS

10(c). SRI. CHANDRASHEKAR S/O LATE CHIKKANNA AGED ABOUT 52 YEARS RESPONDENTS NO.10(a) TO 10(c)

ARE RESIDING AT THIRUMANAHALLI VILLAGE MANDOOR POST BANDALORE EAST TALUK BENGALURU-560 049.

11. T. KEMPARAJU SINCE DECEASED REP. BY LRS.

11(a). SMT. SHANTHAMMA D/O LATE T. KEMPARAJU AGED ABOUT 62 YEARS 11(b). SMT. MANJULA D/O LATE T. KEMPARAJU AGED ABOUT 54 YEARS

11(c). SRI. THYAGARAJ G.K.

S/O LATE T. KEMPARAJU AGED ABOUT 58 YEARS 11(d). SMT. GEETHA D/O LATE KEMPARAJU AGED ABOUT 53 YEARS

11(e). SMT. NALINI K. D/O LATE T. KEMPARAJU AGED ABOUT 51 YEARS

11(f). SUJATHA W/O LATE NARAYANASWAMY AGED ABOUT 59 YEARS

11(g). SRI. NAVEEN S/O LATE NARAYANASWMY

11(h). SRI. MANOHAR S/O LATE NARAYANASWAMY AGED ABOUT 34 YEARS

11(j). MS. SOUMYA D/O LATE NARAYANASWMY AGED ABOUT 32 YEARS RESPONDENTS NO.11(a) TO 11(j)

ARE RESIDING GANAGALOUR VILLAGE KASABA HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT-562 114. NOTE: RESPONDENTS NO. 11(f) TO (j)

ARE LEGAL HEIRS OF DECEASED OLDER SON OF RESPONDENT NAMELY NARAYANASWAMY. 12. JAYAMMA W/O LATE R.M. THIMMEGOWDA AGED ABOUT 83 YEARS R/AT NO.36, REDDIHALLI VILLAGE AND POST DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 129.

…RESPONDENTS (BY SRI. HANAMANTHRAY LAGALI, AGA FOR R1 &R2;

SRI. H.C. SUNDARESH, ADVOCATE FOR R3;

SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI. M.V. SUNDARA RAMAN, ADVOCATE FOR R4(a to g) & R11;

SRI. G.B. MANJUNATHA, ADVOCATE FOR R5 A(i & ii) -d AND R10 (a to c), R7 AND R8;

SRI. T.M. VENKATA REDDY, ADVOCATE FOR R11(a, b, d & e);

SRI. C.S. PRASANNA KUMAR, ADVOCATE FOR SRI. A. SAMPATH & PUNEETH K., ADVOCATE FOR R11(c, f, g, h &j);

SRI. MOHAN KUMAR D., ADVOCATE FOR IMPLEADING PROPOSED 12 IN I.A. 1/2024)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22ND MAY, 2017 IN NO.INA.CR/01/1997-98 ON THE FILE OF THE LAND TRIBUNAL, BANGALORE NORTH (ADDL.,)TALUK, PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-N AND ETC.

IN WP NO.23144 OF 2017 BETWEEN:

1. H. KEMPAIAH SINCE DECEASED REP. BY LRS.

1(a). YASHODAMMA W/O LATE H. KEMPAIAH AGED ABOUT 85 YEARS R/AT BAGALUR VILLAGE JALA HOBLI, DEVANAHALLI TALUK BENGALURU.

1(b). K. NAGARATHNAMMA W/O NARAYANASWAMY AND D/O LATE H. KEMPAIAH AGED ABOUT 65 YEARS R/AT ATTIBELE BILLAGE SULEBEL HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT.

1(c). K. VIMALAMMA W/O LATE JAYARAMAIAH D/O LATE H. KEMPAIAH AGED ABOUT 62 YEARS KALIDASA MARG GANDHINAGAR BENGALURU.

1(d). NARAYANA GOWDA S/O LATE H. KEMPAIAH AGED ABOUT 59 YEARS BAGALOOR, JALA HOBLI DEVANAHALLI TALUK BENGALURU.

1(e). K. RADHA W/O G.NARYANGOWDA D/O LATE H. KEMPAIAH AGED ABOUT 56 YEARS MATTHAGADAHALLI KAIVARA HOBLI CHINTAMANI TALUK KOLAR DISTRICT.

1(f). MAMATHA W/O LATE RAMACHANDRAGOWDA D/O LATE H. KEMPAIAH AGED ABOUT 55 YEARS NO.22, II 'A' MAIN BENGALURU.

1(g). SMT. K. CHANDRIKA W/O K.V. SREENIVAS REDDY D/O LATE H. KEMPAIAH AGED ABOUT 52 YEARS R/AT KALLUKATTE SRINGERI TALUK CHIKMANGALURU DISTRICT.

1(h). B.K. RENUKA W/O CHANDRASHEKAR D/O LATE H. KEMPAIAH AGED ABOUT 52 YEARS KANNIGEANAHALLI CHIKBALLAPURA TALUK KOLAR DISTRICT.

… PETITIONERS (BY SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI. SUNDARA RAMAN M.V., ADVOCATE)

AND:

1. ADDITIONAL LAND TRIBUNAL BANGALORE NORTH TALUK BENGALURU.

2. THE STATE OF KARNATAKA BY THE DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU.

3. THE TAHSILDAR BANGALORE NORTH ADDITIONAL TALUK BENGALURU.

4. MUNIBYRAPPA SINCE DECEASED REP. BY LRS.

4(a). M. RAMANNA S/O MUNIBYRAPPA SINCE DECEASED REP. BY LRS.

4(a)(i). SRI. GANESH S/O LATE NARAYANASWAMY AGED ABOUT 35 YEARS

4(a)(ii). B.R. MUNIRAJU S/O LATE RAMANNA AGED ABOUT 62 YEARS

4(a)(iii). SRI. LAKSHMANAGOWDA S/O LATE RAMANNA AGED ABOUT 58 YEARS

4(a)(iv). SRI. LAKSHAMANAMURTHY S/O LATE RAMANNA AGED ABOUT 50 YEARS 4(a)(i) TO 4 (a) (iv) ARE R/AT BUDDIGERE VILLAGE AND POST CHANNARAYANAPATTA HOBLI BANGALORE RURAL DISTRICT.

4(b). M. KRISHNAPPA SINCE DECEASED REP. BY LRS.

4(b)(i). SONNAMMA SINCE DECEASED REP. BY LRS.

4(b)(ii) AND 4 (b)(iii)

4(b)(ii). SHRI. K. SRINIVAS GOWDA S/O LATE KRISHNAPPA

4(b)(iii). SHRI K. MANJUNATH S/O LATE KRISHNAPPA R 4(b)(ii) AND R4 (b)(iii)

ARE R/AT BOODIGERE VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT.

5. NANJAPPA SINCE DECEASED REP. BY LRS.

5(a). SONAPPA SINCE DECEASED REP. BY LRS. 5(a)(i). SMT. BYAYYAMMA W/O LATE SONNAPPA

5(a)(ii). SHRI T.S. MUNIRAJAPPA S/O LATE SONNAPPA

5(a)(iii). SHRI. T.S. NARAYANASWAMY S/O LATE SONNAPPA

5(a)(iv). SHRI. S. VEERANNA S/O LATE SONNAPPA

5(a)(v). SHRI S. MUNIYAPPA S/O LATE SONNAPPA

5 (b). SHRI VENKATASWAMAPPA S/O N. RAMAIAH

5(c). N. RAMAIAH SINCE DECEASED REP. BY LRS. 5(c)(i). SMT. KAMALAMMA W/O LATE N. RAMAIAH AGED ABOUT 63 YEARS

5(c)(ii). SHRI. R. THYAGARAJ S/O LATE N. RAMAIAH AGED ABOUT 54 YEARS

5(c)(iii). SHRI. R. KEMPARAJU S/O LATE N. RAMAIAH AGED ABOUT 48 YEARS

5(c)(iv). SHRI R. NENJEGOWDA S/O LATE N. RAMAIAH AGED ABOUT 43 YEARS

5(c)(v). SHRI. R. MAHESHGOWDA S/O LATE N. RAMAIAH AGED ABOUT 40 YEARS R5(c)(i) TO R5(c)(v) ARE R/AT THIRUMANAHALLI VILLAGE MANDUR POST, BIDARAHALLI HOBLI BANGALORE EAST TALUK VIA VIJAYANAGAR BENGALURU - 560 049.

5(d). SHRI. N. KRISHNAPPA S/O LATE NANJAPPA

5(e). SHRI. N. RAJANNA S/O LATE NANJAPPA

5(f). N. MUNIRATHNA S/O LATE NANJAPPA SINCE DECEASED REP. BY LRS.

5(f)(a). SMT. NANDHINI W/O LATE MUNIRATHNA AGED ABOUT 55 YEARS

5(f)(b). SHRI. M. AVINASH S/O LATE MUNIRATHNA AGED ABOUT 29 YEARS

5(f)(c). SHRI. M. RITESH S/O LATE MUNIRATHNA AGED ABOUT 29 YEARS RESPONDNETS NO.5(f)(a) TO 5(f)(c)

ARE R/AT THIRUMALENAHALLI MANDUR POST BIDARAHALLI HOBLI BANGALORE EAST TALUK.

6. MUNISWAMAPPA @ DODDANNA SINCE DECEASED REP. BY LRS.

6(a). SHRI NANJAPPA @ DODDANANJAPPA S/O MUNISWAMAPPA @ DODDANNA SINCE DECEASED REP. BY LRS.

6(a)(i). SMT. CHIKKAMUNIYAMMA W/O LATE NANJAPPA @ DODDANANJAPPA AGED ABOUT 69 YEARS.

6(a)(ii). SHRI. BYANNA S/O LATE NANJAPPA @ DODDANANJAPPA AGED ABOUT 59 YEARS.

6(a)(iii). SHRI. MUNIRAJU S/O LATE NANJAPPA @ DODDANANJAPPA AGED ABOUT 47 YEARS.

6(a)(iv). NARAYANASWAMY S/O LATE NANJAPPA @ DODDANANJAPPA SINCE DECEASED REP. BY LRS.

6(a)(iv)(A). SMT. PARVATHAMMA W/O LATE NARAYANSWAMY AGED ABOUT 53 YEARS

6(a)(iv)(B). SHRI. RAMESHA S/O LATE NARAYANSWAMY AGED ABOUT 29 YEARS

6(a)(iv)(C). SHRI. MADHU S/O LATE NARAYANSWAMY AGED ABOUT 25 YEARS

6(b). CHIKKANNA SINCE DECEASED REP. BY LRS.

6(b)(i). SHRI. NAGARAJU @ NAGARAJAPPA S/O LATE CHIKKANNA AGED ABOUT 57 YEARS

6(b)(ii). SHRI. JAYARAJU S/O LATE CHIKKANNA AGED ABOUT 52 YEARS

6(b)(iii). SHRI. SHEKARA S/O LATE CHIKKANNA AGED ABOUT 46 YEARS RESPONDNETS NO.6(b)(i) TO

6(b)(iii) ARE RESIDING AT THIRUMALENAHALLI MANDUR POST BIDARAHALLI HOBLI BENGALURU EAST TALUK.

7. T. KEMPARAJU SINCE DECEASED REP. BY LRS.

7(a). SMT. SHANTHAMMA D/O LATE KEMPARAJU AGED ABOUT 62 YEARS

7(b). SMT. MANJULA D/O LATE KEMPARAJU AGED ABOUT 54 YEARS

7(c). SMT. THYAGARI G.K.

S/O LATE KEMPARAJU AGED ABOUT 58 YEARS

7(d). SMT. GEETHA D/O LATE KEMPARAJU AGED ABOUT 53 YEARS

7(e). SMT. NALINA D/O LATE KEMPARAJU AGED ABOUT 59 YEARS

7(f). SMT. SUJATHA W/O LATE NARAYANASWAMY AGED ABOUT 59 YEARS

7(g). SRI. NAVEEN S/O LATE NARAYANASWAMY AGED ABOUT 36 YEARS

7(h). SRI. MANOHAR S/O LATE NARAYANASWAMY AGED ABOUT 34 YEARS

7(j). MS. SOWMYA D/O LATE NARAYANASWAMY AGED ABOUT 32 YEARS RESPONDENTS NO.7(a) TO 7 (j)

ARE RESIDING AT GANAGALOUR VILLAGE KASABA HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562 114.

…RESPONDENTS (BY SRI. HANMANTHRAY LAGALI, AGA FOR R1 TO R3;

SRI. LOHIT R., ADVOCATE FOR R5 (d & e);

SRI. H.C. SUNDARESH, ADVOCATE FOR R5(a)(iv);

SRI. C.S. PRASANNAKUMAR, ADVOCATE FOR SRI. A. SAMPATH & PUNEETH K., ADVOCATES FOR R7(c, f, g, h & j);

SRI. T.M. VENKATA REDDY, ADVOCATE FOR R7(a, b, d & e);

R4(b) (ii & iii) ARE TREATED AS LRS. OF R4(b) (i) VIDE ORDER DATED 16.09.2021;

R5(a) (ii &iii) ARE TREATED AS LRS OF R5(a)(i) VIDE ORDER DATED

30.08.2024;

R4(a)(i)(ii)(iii)(iv) Regular bail(ii) &(iii) ARE SERVED;

R5a(ii) (iii) (v) R5B R5(c)(i) TO (v) , R5(f), (a),(b),(c) ARE SERVED;

R6(a)(i) TO (a)(iii), R6 (a)(iv)(a) TO (c) AND R6(b)(i) TO (b)(iii) ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.05.2017 PASSED BY THE RESPONDENT NO.1 IN PROCEEDINGS BEING INA/CR NO.1/1997-98 INSOFAR AS DETERMINING THAT THE OCCUPANCY RIGHT OF THE 1ST PETITIONER IS LIMITED TO ONLY 54 ACRES OF THE SAID LAND AND IN THE CONSEQUENTIAL DIRECTION TO THE TAHSILDAR TO TAKE NECESSARY ACTION FOR RESUMPTION OF THE LAND AND MAKING NECESSARY ENTRIES IN THE REVENUE RECORDS AS GOVERNMENT (ANNEXURE-A) AND ETC., IN WP NO.24109 OF 2017 BETWEEN:

1. MUNISWAMAPPA @ DODDANNA SINCE DECEASED REP. BY LRS.

1(A). CHIKKANNA SINCE DECEASED REP. BY LRS.

1(A)(i). SRI. NAGARAJU @ NAGARAJAPPA S/O LATE CHIKKANNA AGED ABOUT 57 YEARS

1(A)(ii). SRI. JAYARAJU S/O LATE CHIKKANNA AGED ABOUT 52 YEARS

1(A)(iii). SRI. SHEKARA @ CHANDRASHEKARA S/O LATE CHIKKANNA AGED ABOUT 46 YEARS

1(B). NANJAPPA @ DODDANANJAPPA S/O MUNISHAMAPPA @ DODDANNA SINCE DECEASED REP. BY LRS.

1(B)(i). CHIKKAMUNIYAMMA W/O LATE DODDANANJAPPA @ NANJAPPA SINCE DECEASED REP. BY LRS.

1(B)(ii). SRI. BYANNA S/O LATE DODDANANJAPPA @ NANJAPPA AGED ABOUT 58 YEARS

1(B)(iii). SRI. MUNIRAJU S/O LATE DODDANANJAPPA @ NANJAPPA AGED ABOUT 46 YEARS

1(B)(iv). NARAYANASWAMY S/O LATE NANJAPPA @ DODDANANJAPPA SINCE DECEASED REP. BY LRS.

1(B)(iv)(a). SMT. PARVATHAMMA W/O LATE NARAYANASWAMY AGED ABOUT 52 YEARS

1(B)(iv)(b). SRI. RAMESHA S/O LATE NARAYANASWAMY AGED ABOUT 28 YEARS

1(B)(iv)(c). SRI. MADHU S/O LATE NARAYANASWAMY AGED ABOUT 25 YEARS PETITIONERS NO.1(A) & 1(B) LRS ALL ARE RESIDING AT THIRUMALENAHALLI VILLAGE, MANDUR POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, VIRGONAGAR, BENGALURU-560 049.

2. MUNIBYRAPPA SINCE DECEASED REP. BY LRS.

2(A). M. RAMANNAM S/O LATE MUNIBYRAPPA SINCE DECEASED REP. BY LRS.

2(A)(i)(a). SRI. GANESH S/O LATE NARAYANASWAMY @ RAMANNA AGED ABOUT 35 YEARS

2(A)(ii). SRI. B.R. MUNIRAJU S/O LATE RAMANNA AGED ABOUT 62 YEARS

2(A)(iii). SRI. LAKSHMANA GOWDA S/O LATE RAMANNA AGED ABOUT 58 YEARS

2(A)(iv). SRI. LAKSHMANA MURTHY S/O LATE RAMANNA AGED ABOUT 50 YEARS

2(B). A.M. KRISHNAPPA S/O LATE MUNIBYRAPPA SINCE DECEASED REP. BY LRS.

2(B)(i). SONNAMMA SINCE DECEASED REP. BY LRS.

2(B)(ii). SRI. K. SRINIVASA GOWDA S/O LATE KRISHNAPPA AGED ABOUT 46 YEARS

2(B)(iii). SRI. MANJUNATH S/O LATE KRISHNAPPA AGED ABOUT 43 YEARS PETITIONERS NO.2(A) & 2(B) LRS ALL ARE RESIDING AT BUDIGERE VILLAGE AND POST CHANNARAYAPATTANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT BENGALURU - 560 211.

…PETITIONERS (BY SRI. G.B. MANJUNATHA, ADVOCATE)

AND

1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING, V FLOOR DR. AMBEDKAR VEEDHI BENGALURU- 560 001.

2. THE LAND TRIBUNAL CHAIRMAN-CUM ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION AND BANGALORE NORTH (ADDL., ) TALUK KANDAYA BHAVANA, K.G. ROAD BENGALURU - 560 009.

3. H. KEMPAIAH SINCE DECEASED REP. BY LRS.

3(A). YESHODAMMA SINCE DECEASED REP. BY LRS.

3(B). SMT. NAGARATHNAMMA W/O LATE NARAYANSWAMY AGED ABOUT 65 YEARS R/AT ATTIBELE VILLAGE, SULIBELI HOBLI, HOSKATE TALUK, BENGALURU RURAL DISTRICT.

3(C). SMT. K. VIMALAMMA W/O JAYARAMAIAH AGED ABOUT 62 YEARS R/AT KALIDASA MARG GANDHINAGAR BENGALURU-560 009.

3(D). SRI. K. NARAYANAGOWDA S/O LATE H. KEMPAIAH AGED ABOUT 59 YEARS R/AT BAGALUR VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT.

3(E). SMT. K. RADHA W/O G. NARAYANA GOWDA AGED ABOUT 58 YEARS R/AT MUTHUGADAHALLI VILLAGE, KAIWARA HOBLI, CHINTHAMANI TALUK, CHIKKABALAPURA DISTRICT.

3(F)(i). RAMACHANDRA GOWDA SINCE DECEASED REP. BY LRS.

3(F)(ii). SMT. MAMATHA W/O LATE RAMACHANDRA GOWDA AGED ABOUT 55 YEARS R/AT NO.22, 2ND 'A' MAIN AJJAMALAPPA KACHARKANAHALLI BENGALURU-560 084.

3(G). SMT. K. CHANDRIKA W/O V. SRINIVAS GOWDA AGED ABOUT 52 YEARS R/AT KANIGENAHALLI VILLAGE CHIKKABALAPURA TALUK AND DISTRICT.

3(H). SMT.B.K. RENUKA W/O CHANDRASHEKAR AGED ABOUT 50 YEARS R/AT KALLUKATTA SRINGERI TALUK CHIKKAMAGALUR DISTRICT.

4. BYAMMA SINCE DECEASED REP. BY LRS.

4(a). SHRI. T.S.MUNIRAJAPPA S/O LATE SONNAPPA AGED ABOUT 60 YEARS

4(b). SHRI. T.S. NARAYANASWAMY S/O LATE SONNAPA AGED ABOUT 57 YEARS

4(c). SHRI. S. VEERANNA S/O LATE SONNAPPA AGED ABOUT 55 YEARS

4(d). SHRI. T.S. MUNIYAPPA S/O LATE SONNAPPA AGED ABOUT 53 YEARS

5. SHRI. N. KRISHNAPPA S/O LATE NANJAPPA AGED ABOUT 72 YEARS

6. SHRI. N. RAJANNA S/O LATE NANJAPPA AGED ABOUT 70 YEARS

7. SRI N. VENKATASWAMAPPA S/O LATE NANJAPPA AGED ABOUT 82 YEARS

8. N. RAMAIAH SINCE DECEASED REP. BY LRS.

8(A). SMT. KAMALAMMA W/O LATE N. RAMAIAH AGED ABOUT 63 YEARS

8(B). SRI. R. THYAGARAJ S/O LATE N. RAMAIAH AGED ABOUT 54 YEARS

8(C). SRI. R. KEMPARAJU S/O LATE N. RAMAIAH AGED ABOUT 48 YEARS

8(D). SRI. R. NANJE GOWDA S/O LATE N. RAMAIAH AGED ABOUT 43 YEARS

8(E). SRI. R. MAHESH GOWDA S/O LATE N. RAMAIAH AGED ABOUT 40 YEARS

9. N. MUNIRATHNA SINCE DECEASED REP. BY LRS.

9(a). SMT. NANDINI W/O LATE N. MUNIRATHNA AGED ABOUT 54 YEARS

9(b). SRI. M. AVINASH S/O LATE N. MUNIRATHNA AGED ABOUT 28 YEARS

9(c). SRI. M. RITESH S/O LATE MUNIRATHNA AGED ABOUT 25 YEARS RESPONDENTS NO. 3 TO 9 ARE R/AT THIRUMALENAHALLI VILLAGE MANDUR POST, BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU - 560 049.

10. T. KEMPARAJU SINCE DECEASED REP. BY LRS.

10(A). NARAYANASWAMY SINCE DECEASED REP. BY LRS.

10(A)(i). SMT. SUJATHA W/O LATE NARAYANASWAMY AGED ABOUT 58 YEARS

10(A)(ii). SRI. NAVEEN KUMAR S/O LATE NARAYANASWAMY AGED ABOUT 35 YEARS

10(A)(iii). SRI. MANOHAR S/O LATE NARAYANASWAMY AGED ABOUT 31 YEARS

10(A)(iv). SMT. SOWMYA W/O SRI. MURALI D/O LATE NARAYANASWAMY AGED ABOUT 28 YEARS

10(B). SRI. K. THYAGARAJA S/O LATE KEMPARAJU AGED ABOUT 58 YEARS ALL ARE RESPONDENTS NO.10(A)(a)(i) 10(A)(a)(iv) & 10(B) ARE RESIDING AT GANAGALU VILLAGE KASABA HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT.

10(C). SMT. SHANTHAMMA W/O M. MOHANRAM D/O LATE T. KEMPARAJU AGED ABOUT 62 YEARS R/AT NO.48, 2ND CROSS, SRI. RAMA TEMPLE STREET COCKSTOWN, JEEVANAHALLI BENGALURU EAST TALUK BENGALURU- 560 005.

10(D). SMT. MANJULA W/O LAKSHMINARAYANA D/O LATE T. KEMPARAJU AGED ABOUT 54 YEARS R/AT NO.7/174, GEETHA NILAYA

3RD CROSS, RAMAKRISHNA ROAD M.V. LAYOUT, HOSKOTE BENGALURU RURAL DISTRICT-562 114.

10(E). SMT. GEETHA W/O LATE N. DEVARAJ D/O LATE T. KEMPARAJU AGED ABOUT 53 YEARS R/AT NO.7/174, GEETHA NILAYA

3RD CROSS, RAMAKRISHNA ROAD M.V. LAYOUT, HOSKOTE BENGALURU RURAL DISTRICT-562 114.

10(F). SMT. NALINA K.

W/O P. DEVARAJ D/O LATE T. KEMPARAJU AGED ABOUT 51 YEARS R/AT NO.403, SRI. BYRAWESHWARA NILAYA

4TH MAIN, 1ST 'A' CROSS AMARAVATHI NAGARA BANGARPETE KOLAR DISTRICT-563 162.

…RESPONDENTS (BY SRI.HANAMANTHRAY LAGALI, AGA FOR R1 & R2;

SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI. M.V. SUNDARA RAMAN, ADVOCATE FOR R3(a) TO (h);

SRI. H.C. SUNDARESH, ADVOCATE FOR R4(C);

SRI. C.S. PRASANNA KUMAR, ADVOCATE FOR SRI. SAMPATH, ADVOCATE FOR R10(A)(i) TO R10(A) (iv) & R10(B);

SRI. T.M. VENKATA REDDY, ADVOCATE FOR R10(C) (iv) & R10(F); NOTICE TO R8(A TO E) HELD SUFFICIENT V/O DATED 16.09.2021;

R4(A,B,D) R5, R6 R7, R9(A) TO R(C), R10 SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22ND MAY, 2017 IN NO.INA.CR.01/1997-98 ON THE FILE OF THE LAND TRIBUNAL, BANGALORE NORTH (ADDL) TALUK, PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-S AND ETC., IN WP NO. 27409 OF 2017 BETWEEN:

1. T. KEMPARAJU SINCE DECEASED REP. BY LRS.

1(a). SMT. SHANTHAMMA W/O M. MOHANRAM D/O LATE T. KEMPARAJU AGED ABOUT 62 YEARS

1(b). SMT. MANJULA W/O LAKSHMINARAYANA D/O LATE T. KEMPARAJU AGED ABOUT 54 YEARS

1(c). SHRI THYAGARAJ G.K.

S/O LATE KEMPARAJU AGED ABOUT 58 YEARS

1(d). SMT. GEETHA W/O LATE G. DEVARAJ D/O LATE T. KEMPARAJU AGED ABOUT 53 YEARS

1(e). NALINA D/O LATE T. KEMPARAJU AGED ABOUT 51 YEARS

1(f). SUJATHA W/O LATE NARAYANASWAMY AGED ABOUT 59 YEARS

1(g). SRI. NAVEEN S/O LATE NARAYANASWMY AGED ABOUT 36 YEARS

1(h). SRI. MANOHAR S/O LATE NARAYANASWAMY AGED ABOUT 34 YEARS

1(i). MS. SOUMYA D/O LATE NARAYANASWMY AGED ABOUT 32 YEARS ALL ARE RESIDING AT GANAGALOUR VILLAGE KASABA HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT-562 114.

...PETITIONERS (BY SRI. C.S. PRASANNA KUMAR, ADVOCATE FOR SRI. A. SAMPATH, ADVOCATE FOR PETITIONER NO.1(C,F,G,H & J);

SRI. T.M. VENKATA REDDY, ADVOCATE FOR PETITIONER NOS.1(A, B, D &E)

AND

1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING, V FLOOR DR. AMBEDKAR VEEDHI BENGALURU - 560 001.

2. THE LAND TRIBUNAL BANGALURU NORTH ADDITIONAL TALUK BANGALORE BY ITS CHAIRMAN

3. H. KEMPAIAH SINCE DECEASED REP. BY LRS.

3(a). SMT. NAGARATHNAMMA W/O LATE NARAYANASWAMY D/O LATE H. KEMPAIAH AGED ABOUT 65 YEARS R/AT ATTIBELE VILLAGE, SULIBELI HOBLI, HOSKATE TALUK, BENGALURU RURAL DISTRICT. 3(b). SMT. K. VIMALAMMA W/O JAYARAMAIAH AGED ABOUT 62 YEARS R/AT KALIDASA MARG GANDHINAGAR BENGALURU-560 009.

3(c). SRI. K. NARAYANAGOWDA S/O LATE H. KEMPAIAH AGED ABOUT 59 YEARS R/AT BAGALUR VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU URBAN DISTRICT.

3(d). SMT. K. RADHA W/O G. NARAYANA GOWDA AGED ABOUT 58 YEARS R/AT MUTHUGADAHALLI VILLAGE, KAIWARA HOBLI, CHINTHAMANI TALUK, CHIKKABALAPURA DISTRICT-562 101.

3(e). RAMACHANDRA GOWDA SINCE DECEASED REP. BY LRS.

3(e)(i). SMT. MAMATHA W/O LATE RAMACHANDRA GOWDA AGED ABOUT 55 YEARS R/AT NO.22, 2ND 'A' MAIN AJJAMALAPPA KACHARKANAHALLI BENGALURU-560 084.

3(f). SMT. K. CHANDRIKA W/O SRINIVAS GOWDA AGED ABOUT 52 YEARS R/AT KANIGENAHALLI VILLAGE CHIKKABALLAPURA DISTRICT-562 101.

3(g). SMT. RENUKA W/O CHANDRASHEKAR AGED ABOUT 50 YEARS R/AT KALLUKATTA SRINGERI TALUK CHIKKABALLAPUR DISTRICT-562 101.

4. SRI. M. RAMANNA S/O LATE MUNIBYRAPPA AGED ABOUT 70 YEARS

5. SONNAMMA SINCE DECEASED REP. BY LRS. 5(a). K. SRINIVAS GOWDA S/O LATE KRISHNAPPA AGED ABOUT 46 YEARS 5(b). MANJUNATH S/O LATE KRISHNAPPA AGED ABOUT 43 YEARS

6. SRI. K. SRINIVAS GOWDA S/O LATE KRISHNAPPA AGED ABOUT 30 YEARS RESPONDENTS NO.4 5(A), 5(B) AND 6 ARE R/AT BOODIGERE VILLAGE AND POST CHANNARAHYAPATNA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-560 001.

7. SRI. K. MANJUNATH S/O LATE KRISHNAPPA AGED ABOUT 28 YEARS

8. SRI. T.S. MUNIRAJAPPA S/O LATE SONNAPPA AGED ABOUT 78 YEARS

9. SRI. T.S. NARAYANASWAMY S/O LATE SONNAPPA AGED ABOUT 70 YEARS

10. SRI. S. VEERANNA S/O LATE SONNAPPA AGED ABOUT 45 YEARS

11. SRI. S. MUNIYAPPA S/O LATE SONNAPPA AGED ABOUT 43 YEARS

12. SRI. VENKATASWAMAPPA S/O N RAMAIAH AGED ABOUT 75 YEARS 13. N. RAMAIAH SINCE DECEASED REP. BY LRS.

13(a). SMT. KAMALAMMA W/O LATE N. RAMAIAH AGED ABOUT 60 YEARS

13(b). SRI. R. THYAGARAJ S/O LATE N. RAMAIAH AGED ABOUT 59 YEARS

13(c). SRI. R. KEMPARAJU S/O LATE N. RAMAIAH AGED ABOUT 50 YEARS

13(d). SRI. NANJE GOWDA S/O LATE N. RAMAIAH AGED ABOUT 50 YEARS

13(e). SRI. R. MAHESH GOWDA S/O LATE N. RAMAIAH AGED ABOUT 42 YEARS BOTH ARE R/AT BOODIGERE VILLAGE AND POST CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT. 14. SRI.N. KRISHNAPPA S/O LATE NANJAPPA AGED ABOUT 73 YEARS

15. SRI. N. RAJANNA S/O LATE NANJAPPA AGED ABOUT 68 YEARS

16. N. MUNIRATHNA SINCE DECEASED REP. BY LRS.

16(a). SMT. NANDINI W/O LATE N. MUNIRATHNA AGED ABOUT 55 YEARS

16(b). M. GANESH S/O LATE MUNIRATHNA AGED ABOUT 29 YEARS

16(c). M. RITESH S/O LATE MUNIRATHNA AGED ABOUT 26 YEARS ALL ARE R/AT THIRUMALENAHALLI VILLAGE MANDUR POST, BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU - 560 049.

17. NANJAPPA @ DODDANANJAPPA S/O MUNISHAMAPPA @ DODDANANJAPPA AGED ABOUT 70 YEARS 18. CHIKKANNA SINCE DECEASED REP. BY LRS.

18(a). NAGARAJU S/O LATE CHIKKANNA AGED ABOUT 57 YEARS

18(b). JAYARAJ S/O LATE CHIKKANNA AGED ABOUT 52 YEARS

18(c). SHEKAR S/O LATE CHIKKANNA AGED ABOUT 42 YEARS ALL ARE R/AT THIRUMALLENAHALLI MANDOOR POST, BIDARAHALLI HOBLI, BANGALORE EAST TALUK BANGALORE RURAL DISTRICT.

RESPONDENTS NO.7 TO 18 ARE ALL R/AT THIRUMALLENAHALLI MANDOR POST BIDARAHALLI HOBLI BANGALORE RURAL DISTRICT-572 001.

19. SREE MALLIKARJUNA DEVASTHANA AND GURUPEETHALAYA TRUST COMMITTEE ® PUBLIC CHARITABLE DEVAGIRI BRANCH NELLUR KEMRACHI VILLAGE SULYA TLAUK, SOUTH CANARA DISTRICT REP. B ITS PRESIDENT SRI. SHAMBHU UPADYAYA.

REPRESENTATION GPA HOLDER SRI. JAYAPRAKASH NARAYAN S/O LATE NARAYANA SETTY AGED ABOUT 76 YEARS R/AT NO.22, 1ST MAIN ROAD

2ND STAGE, OKALIPURAM BENGALURU-560 021.

RESPONDENTS (by SRI. HANAMANTHRAY LAGALI, AGA FOR R1 & R2;

SRI. H.C. SUNDARESH, ADVOCATE FOR R10;

SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI. M.V.SUNDARA RAMAN, ADVOCATE FOR R3(a TO g);

SRI. G.L. VISHWANATH, SENIOR COUNSEL FOR SRI. P.B. AJIT, ADVOCATE FOR R13(a TO e) AND 16(a) TO (c);

SRI. PRAKASH, ADVOCATE FOR IMPLEADING PROPOSED R19 ON IA.

1/2024)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22ND MAY, 2017 PASSED BY THE RESPONDENT NO.2 IN INA.

CR.1/1997-98 WHICH IS ENCLOSED AS ANNEXURE-K AND ETC., IN THESE WRIT PETITIONS, ARGUMENTS BEING HEARD, JUDGMENT RESERVED, COMING ON FOR "PRONOUNCEMENT OF ORDERS", THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH