2024 Supreme(Online)(KAR) 7940

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2024 PRESENT THE HON’BLE MR. PRASANNA B.VARALE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE M.G.S. KAMAL WRIT APPEAL No.1115 OF 2022 (LR)

C/W WRIT APPEAL No.1125 OF 2022(GM-RES) WRIT APPEAL No.1167 OF 2022(GM-RES)

WRIT APPEAL No.1168 OF 2022(LR) WRIT APPEAL No.1170 OF 2022 (LR) WRIT APPEAL No.1171 OF 2022(LR)

WRIT APPEAL No.1267 OF 2022(KLR/RR/SUR)

WRIT APPEAL No.398 OF 2023(LR)

WRIT APPEAL No.474 OF 2023 (GM-RES) WRIT APPEAL No.489 OF 2023 (GM-RES)

WRIT APPEAL No.1458 OF 2023 (LR)

IN WA No.1115/2022 BETWEEN:

1 . SRI. K S SURENDRA BABU AGED ABOUT 62 YEARS, S/O LATE K N SRINIVASA GUPTA, R/AT NO.9, 100 FEET ROAD, BANASHANKARI, 2ND STAGE, 4TH BLOCK, BENGALURU-560085.

2 . SRI. K.S. SUBBARAJU AGED ABOUT 57 YEARS, S/O LATE K N SRINIVASA GUPTA, R/AT NO.485, 2ND CROSS, 2ND BLOCK, BANASHANKARI IST STAGE, BENGALURU-560 050.

SRI. M.S. MOHAN KUMAR AGED ABOUT 60 YEARS S/O LATE K.N. SRINIVASA GUPTA SINCE DECEASED REP BY HIS LEGAL HEIR AND WIFE

3. SMT RAJARAJESHWARI W/O M S MOHAN KUMAR, AGED ABOUT 75 YEARS, R/AT NO.54/4, SRI VASAVI BHAVAN, RAGHUPATHI NAYAKAN PALYAM, ERODE, TAMILNADU-638 002.

... APPELLANTS (BY SRI. D.R. RAVISHANKAR SR. ADVOCATE FOR SMT. LEELA P. DEVADIGA, ADVOCATE)

AND:

1 . THE PRL. SECY TO GOVT DEPARTMENT OF REVENUE, M S BUILDING, BENGALURU-560 001.

2 . THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU.

3 . SRI. R V BHASKAR AGED ABOUT NOT KNOWN, S/O LATE RAJA VENKATARAMANA SHETTY, 4 . SRI R V SUDHIR AGED ABOUT NOT KNOWN, S/O LATE RAJA VENKATARAMANA SHETTY, 5 . SRI R V GIRIDHAR AGED ABOUT NOT KNOWN, S/O LATE RAJA VENKATARAMANA SHETTY, 6 . SRI R V SHANKAR AGED ABOUT NOT KNOWN, S/O LATE RAJA VENKATARAMANA SHETTY, 7 . SRI A. MUDALAPPA AGED ABOUT NOT KNOWN, S/O LATE RAJA VENKATARAMANAPPA, DASEGOWDA, AGED ABOUT 54 YEARS SINCE DECEASED BY LR’s RESPONDENT No.11 IN WRIT PETITION.24123/2012 RESPONDENT No.8 TO 15 IN PRESENT APPEAL ARE THE LR’s OF DASEGOWDA

8 . SMT. VENKATAMMA

1ST WIFE OF DASE GOWDA, AGED ABOUT NOT KNOWN, 9 . SMT KEMPAMMA

2ND WIFE DASE GOWDA, AGED ABOUT NOT KNOWN, 10 . SRI RANGASWAMY AGED ABOUT 58 YEARS, S/O LATE DASEGOWDA, 11 . SRI VENKATEGOWDA AGED ABOUT 52 YEARS, S/O LATE DASEGOWDA, 12 . SRI BYRA HANUMEGOWDA AGED ABOUT 58 YEARS, S/O LATE DASEGOWDA, 13 . SRI KEMPEGOWDA AGED ABOUT 54 YEARS, S/O LATE DASEGOWDA, 14 . SRI RAGHU AGED ABOUT 48 YEARS, S/O NOT KNOWN, 15 . SRI MANJUNATH AGED ABOUT 38 YEARS, SL.NO.8 TO 15 RESIDING AT NO.228, MUDDINAPALYA MAIN ROAD, OPP.GOVT SCHOOL, BENGALURU-560091.

16 . SRI GANGAPPA AGED ABOUT 54 YEARS, S/O LATE VENKATARAMANAPPA, 17 . SRI BYRAPPA AGED ABOUT 53 YEARS, S/O LATE VENKATARAMANAPPA, 18 . SMT CHENNAMMA AGED ABOUT 65 YEARS, W/O RANGAPPA, SL.NO.16, 17 & 18 ARE R/O MUDDENAPALYA VILLAGE, VISHWANEEDHAM POST, YESHWANTHPUR HOBLI, BENGALURU NORTH TALUK-560091.

19 . THE CHAIRMAN LAND TRIBUNAL, BENGALURU NORTH TALUK, BENGALURU-560001.

20 . SRI RUDRA MURTHY AGED ABOUT 60 YEARS, S/O H S SADASHIVAIAH, 21 . SRI CHANDRAN AGED ABOUT 60 YEARS, S/O LATE NANJUNDAPPA, 22 . SRI NARASAPPA AGED ABOUT 48 YEARS, S/O BASAPPA, 23 . SRI GANGARAJU AGED ABOUT 48 YEARS, S/O NAGARAJU, 24 . SRI MUDDUHANONNAIAH AGED ABOUT 60 YEARS, S/O JAYANNA, 25 . SRI CHANDRAPPA AGED ABOUT 40 YEARS, S/O LATE RAJAPPA, SL.NO.20 TO 25 ARE R/O ULLALU UPA NAGARA, ULLALU, YESHWANTHPUR HOBLI, BENGALURU NORTH TALUK-560091.

26 . SRI K S VISHWAKIRAN AGED ABOUT 65 YEARS, S/O LATE K N SRINIVASA GUPTA, R/AT NO.9, 100 FEET ROAD, BANASHANAKRI 2ND STAGE, 4TH BLOCK, BENGALURU-560085.

... RESPONDENTS (BY SRI.VIKRAM HUILGOL, AAG A/W SMT. SHWETA KRISHNAPPA AGA FOR C/RESPONDENTS 1, 2 & 19;

SRI. DEVARAJU, ADVOCATE FOR R3 TO R6;

SRI. ASHOK K.L., ADVOCATE FOR R7;

SRI. MITHUN G.A., ADVOCATE FOR R8 TO R15;

SRI. D. ASHWATHAPPA, ADVOCATE FOR R16 TO R18;

SRI. SRISHAILA HUBLI, ADVOCATE FOR R20;

SRI. SRIDHAR K., ADVOCATE FOR R21 TO R25;

V/O DATED:20.07.2023, NOTICE TO R26 IS DISPENSED WITH)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO i)ALLOW THE ABOVE WRIT APPEAL AND; ii) CONSEQUENTLY SET ASIDE THE JUDGEMENT PASSED IN W.P. NO.24123/2012 DATED:11/10/2022, RESTORING THE ORDER DATED:30/06/2010, PASSED BY THE LAND TRIBUNAL RESPONDENT NO.19, IN LRF NO. 70, 87, 91 IN THE INTEREST OF JUSTICE & ETC.

IN W.A. No.1125/2022 BETWEEN:

1 . SMT RAJARAJESHWARI W/O M S MOHAN KUMAR AGED ABOUT 75 YEARS R/AT NO. 54/4, SRI VASAVI BHAVAN RAGHUPATHI NAYAKAN PALYAM ERODE, TAMILNADU – 638 002.

2 . SRI K S SUBBARAJU AGED ABOUT 57 YEARS S/O LATE K N SRINIVASA GUPTA R/AT 485, 2ND CROSS

2ND BLOCK, BANASHANKARI 1ST STAGE BENGALURU – 560 050.

... APPELLANTS (BY SRI. D.R. RAVISHANKAR SR. ADVOCATE FOR SMT. LEELA P. DEVADIGA, ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA VIDHANA SOUDHA BENGALURU -560 001 REP BY ITS CHIEF SECRETARY.

2 . THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA M S BUILDING, DR AMBEDKAR VEEDI BENGALURU – 560 001.

3 . THE SECRETARY AND COMMISSIONER DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU – 560 001.

4 . THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BENGALURU – 560 001.

5 . THE JOINT COMMISSIONER CAR WEST, INFANTRY ROAD BENGALURU – 560 001.

6 . THE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION NO.59, RICHMOND ROAD BENGALURU – 560 025 REP BY ITS MANAGING DIRECTOR.

7. MR. Y. MANJUNATH S/O. YELLAPPA, AGED ABOUT 64 YEARS R/AT No.24, 2ND CROSS, 2ND MAIN HOSAHALLI, VIJAYANAGAR, BENGALURU – 560 040.

... RESPONDENTS (BY SRI. VIKRAM HUILGOL, AAG A/W SMT. SHWETHA KRISHNAPPA, AGA FOR R1 TO R6; V/O DATED: 30.11.2022, NOTICE TO R-7 IS D/W)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO i)ALLOW THE ABOVE WRIT APPEAL AND ii)CONSEQUENTLY SET ASIDE THE JUDGEMENT PASSED IN WP NO.56154/2017 DATED:11/10/2022 ALLOW THE WRIT PETITION No.56154/2017 PASSED BY THE SINGLE LEARNED JUDGE IN THE INTEREST OF JUSTICE & ETC.

IN W.A. No.1167/2022 BETWEEN:

1 . SRI. HARISH KUMAR AGED ABOUT 56 YEARS S/O LATE VENKATARAMAIAH

2 . SMT B V VENKATALAKSHMAMMA D/O LATE VENKATARAMAIAH AGED ABOUT 68 YEARS

3 . SMT B V PARVATHAMMA D/O LATE VENKATARAMAIAH AGED ABOUT 66 YEARS, 4 . SMT B V CHANDRAMMA D/O LATE VENKATARAMAIAH AGED ABOUT 70 YEARS

5 . SMT. B V MANJULA D/O LATE VENKATARAMAIAH AGED ABOUT 55 YEARS No.1 TO 5 ARE R/T NO.33, 12TH “E’’ CROSS, AGRAHARADASARAHALLI MAGADI ROAD, BENGALURU-560 079.

6 . SRI MALLESHKUMAR S/O LATE LINGAMMA AGED ABOUT 53 YEARS

7 . SMT LAKSHMI D/O LATE LINGAMMA AGED ABOUT 50 YEARS

8 . SMT NANJAMMA W/O DOLLAIAH AGED ABOUT 70 YEARS SL.NO. 6 TO 8 ARE RESIDING AT No.42, ‘E’ 42, 2ND CROSS, GOPALAPURA, MAGADI ROAD BENGALURU – 560 023. 9 . SRI. H.DAYAKAR S/O LATE HANUMAIAH AGED ABOUT 70 YEARS

10 . SRI H JANARDHAN S/O LATE HANUMAIAH AGED ABOUT 62 YEARS

11 . SRI H. RAMCHANDRA S/O LATE HANUMAIAH AGED ABOUT 60 YEARS

12 . SRI H CHANDRASHEKAR S/O LATE HANUMAIAH AGED ABOUT 53 YEARS SL.NO.9 TO 12 ARE R/T ULLALU VILLAGE YESWANTHAPURA HOBLI, BENGALURU NORTH TALUK -560 056.

13 . SRI GOVINDA S/O LATE THIMMAIAH AGED ABOUT 72 YEARS 14 . SRI VENKATAPPA S/O LATE THIMMAIAH AGED ABOUT 60 YEARS 15 . SRI DAYANANDA S/O LATE THIMMAIAH AGED ABOUT 50 YEARS SL.NO. 13 TO 15 ARE RESIDING AT No.13, ‘E’ STREET, 2ND CROSS, GOPALAPURA, BENGALURU – 560 023.

16 . SRI. D. KRISHAN MURTHY S/O LATE DASAPPA AGED ABOUT 45 YEARS

17 . SRI D. LOKESH S/O LATE DASAPPA AGED ABOUT 40 YEARS

18 . SRI D. MANJUNATH S/O LATE DASAPPA, AGED ABOUT 37 YEARS

19 . SRI D PRAKASH S/O LATE DASAPPA AGED ABOUT 35 YEARS

20 . SMT SARASWATHI D/O LATE GOVINDA AGED ABOUT 55 YEARS SL.NO.16 TO 20 ARE RESIDING AT NO 20, “E” STREET, 2ND CROSS, GOPALAPURA, MAGADI ROAD, BENGALURU – 560 023.

21 . SRI ANAND @ ANANDA MURTHY AGED ABOUT 48 YEARS S/O LATE PUTTAIAH 22 . SMT LAKSHMI D/O LATE PUTTAIAH AGED ABOUT 42 YEARS

23 . SRI LAKSHMAMAMA D/O LATE PUTTAIAH AGED ABOUT 38 YEARS

24 . SMT KOMALA D/O LATE PUTTAIAH AGED ABOUT 33 YEARS SL.NO.21 TO 24 ARE R/AT NO.11, “E” STREET, 7TH CROSS, GOPALAPURA BENGALURU-560 023.

25 . SRI SHANKARA S/O LATE MALLAIAH AGED ABOUT 60 YEARS

26 . SRI BALACHANDRA S/O LATE MALLAIAH AGED ABOUT 53 YEARS

27 . SRI NARASIMHA RAJU S/O LATE MALLAIAH AGED ABOUT 46 YEARS

28 . SMT PADMAVATHI D/O LATE MALLAIAH AGED ABOUT 48 YEARS 29 . SMT HEMAVATHI D/O LATE MALLAIAH AGED ABOUT 43 YEARS

30 . SRI NAGARAJ S/O LATE MALLAIAH AGED ABOUT 56 YEARS SL.NO.25 TO 30 ARE R/AT NO.6 ‘B’ STREET, 2ND CROSS GOPALAPURA, MAGADI ROAD BENGALURU - 560023.

ALL THE APPELLANTS ARE REPRESENTED BY THEIR REGISTERED GENERAL POWER OF ATTORNEY HOLDER SRI R CHANDRU , S/O LATE RAMAPPA AGED ABOUT 58 YEARS R/A NO.204, 2ND FLOOR AHUJA CHAMBERS, NO.1 KUMARA KRUPA ROAD, BENGALURU-560 001.

... APPELLANTS (BY SRI. VIJAYA KUMAR K., ADVOCATE)

AND:

1 . KARNATAKA INSTITUTE OF LEATHER TECHNOLOGY (AN AUTONOMOUS INSTITUTE PROMOTED BY THE GOVERNMENT OF KARNATAKA)

KADUGONDANAHALLI ARABIC COLLEGE POST BANGALORE - 560 045 REPRESENTED BY ITS DIRECTOR.

2 . STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING VIDHANA VEEDHI BANGALORE – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

3 . SPECIAL DEPUTY COMMISSIONER BANGALORE CITY DISTRICT BANGALORE – 560 009.

SRI M VENKATARAMAIAH SINCE DECEASED BY HIS LR’S

4 . V HARISH KUMAR S/O LATE M VENKATARAMAIAH MAJOR, R/O No. 33, 13TH ‘E’ STREET AGRAHARA DASARAHALLI MAGADI ROAD BANGALORE – 560 079.

5 . SMT VENKATAMMA W/O YELLAPPA MAJOR No. 24 , 2ND CROSS

2ND MAIN HOSAHALLI VIJAYANAGAR BANGALORE.

6 . Y. NAGARAJ S/O YELLAPPA, MAJOR, VHBS LAYOUT, VIJAYANAGAR, BANGALORE.

Y RAMAKRISHNA SINCE DEAD BY HIS LR’S

7 . R SHOBHA, D/O Y.RAMAKRISHNA, W/O M.C. KESHAVAMURTHY, AGED ABOUT 37 YEARS, R/A NO.11/1, 1ST MAIN, 1ST CROSS, VALMIKINAGAR, MYSORE ROAD, BANGALORE-560 026. 8 . R SHARAVATHI D/O LATE RAMAKRISHNA, W/O RANGASWAMY, R/O NO.24, 2ND CROSS, 2ND MAIN, HOSAHALLI, VIJAYANAGAR, BANGALORE - 560032.

9 . R VIJAYKUMAR S/O Y. RAMAKRISHNA, R/O NO.24, 2ND CROSS, 2ND MAIN, HOSAHALLI, VIJAYANAGAR, BANGALORE-560032. 10 . Y. MANJUNATH S/O YELLAPPA NO.24, 2ND CROSS, 2ND MAIN, HOSAHALLI VIJAYANAGAR, BANGALORE-560040.

11 . SUPERINTENDENT OF POLICE RAMANAGAR DISTRICT, RAMANAGAR BANGALORE, R1 DISTRICT -562 159.

12 . COMMISSIONER OF POLICE O/O THE POLICE COMMISSIONER, BENGALURU - 560001.

... RESPONDENTS (BY SRI. A RAVISHANKAR, ADVOCATE FOR C/R1;

SRI. VIKRAM HUILGOL, AAG A/W SMT. SHWETA KRISHNAPPA, AGA FOR C/R-2, 3, 11 & 12;

SRI. SHRISHAIL A. HUBLI, ADVOCATE FOR R5, 7 TO 10)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 11/10/2022, PASSED IN WRIT PETITION NO.3937/2010(GM-RES) AND CONSEQUENTLY DISMISS THE WP NO.3937/2010(GM-RES) BY ALLOWING THIS APPEAL AND PASS ANY OTHER APPROPRIATE ORDER/s.

IN WA No.1168/2022 BETWEEN:

1 . SRI HARISH KUMAR AGED ABOUT 56 YEARS S/O LATE VENKATARAMAIAH

2 . SMT B V VENKATALAKSHMAMMA AGED ABOUT 68 YEARS S/O LATE VENKATARAMAIAH

3 . SMT. B.V. PARVATHAMMA AGED ABOUT 66 YEARS D/O LATE VENKATARAMAIAH

4 . SMT. B.V. CHANDRAMMA AGED ABOUT 70 YEARS D/O LATE VENKATARAMAIAH

5 . SMT. B V MANJULA AGED ABOUT 55 YEARS, D/O LATE VENKATARAMAIAH RESPONDENT NOS.1 TO 5 ARE R/AT NO.33, 12TH ‘E’ CROSS, AGARAHARADASARAHALLI MAGADI ROAD BENGALURU-560 079.

6 . SRI MALLESHKUMAR AGED ABOUT 53 YEARS S/O LATE LINGAMMA

7 . SMT LAKSHI AGED ABOUT 50 YEARS D/O LATE LINGAMMA

8 . SMT NANJAMMA AGED ABOUT 70 YEARS W/O DOLLAIAH SL No. 6 TO 8 ARE R/AT NO.42, ‘E’ 42, 2ND CROSS, GOPALAPURA, MAGADI ROAD BENGALURU-560 023.

9 . SRI. H. DAYAKAR S/O LATE HANUMAIAH AGED ABOUT 70 YEARS, 10 . SRI. H. JANARDHAN S/O LATE HANUMAIAH AGED ABOUT 62 YEARS, 11 . SRI H. RAMCHANDRA S/O LATE HANUMAIAH AGED ABOUT 60 YEARS, 12 . SRI H CHANDASHEKAR S/O LATE HANUMAIAH AGED ABOUT 53 YEARS, SL.NO.9 TO 12 ARE R/AT ULLALU VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK - 560 056

13 . SRI. GOVINDA S/O LATE THIMMAIAH AGED ABOUT 72 YEARS 14 . SRI VENKATAPPA S/O LATE THIMMAIAH AGED ABOUT 60 YEARS 15 . SRI DAYANANDA S/O LATE THIMMAIAH AGED ABOUT 50 YEARS SL.NO.13 TO 15 ARE R/AT NO.13, “E” STREET, 2ND CROSS, GOPALAPURA BENGALURU-560023

16 . SRI D KRISHNA MURTHY S/O LATE DASAPPA AGED ABOUT 45 YEARS

17 . SRI D LOKESH S/O LATE DASAPPA AGED ABOUT 40 YEARS

18 . SRI D MANJUNATH S/O LATE DASAPPA AGED ABOUT 37 YEARS 19 . SRI D PRAKASH S/O LATE DASAPPA AGED ABOUT 35 YEARS

20 . SMT SARASWATHI D/O LATE GOVINDA AGED ABOUT 55 YEARS SL.NO.16 TO 20 ARE R/AT NO.20, “E” STREET, 2ND CROSS, GOPALAPURA BENGALURU-560023

21 . SRI ANAND @ ANANDA MURTHY S/O LATE PUTTAIAH AGED ABOUT 48 YEARS

22 . SMT LAKSHMI D/O LATE PUTTAIAH AGED ABOUT 42 YEARS 23 . SRI LAKSHMANA S/O LATE PUTTAIAH AGED ABOUT 38 YEARS

24 . SMT KOMALA D/O LATE PUTTAIAH AGED ABOUT 33 YEARS SL.NO.21 TO 24 ARE R/AT NO.11 “E” STREET, 7TH CROSS, GOPALAPURA MAGADI ROAD, BENGALURU-560023

25 . SRI SHANKARA S/O LATE MALLAIAH AGED ABOUT 60 YEARS, 26 . SRI BALACHANDRA S/O LATE MALLAIAH AGED ABOUT 53 YEARS, 27 . SRI NARASIMHA RAJU S/O LATE MALLAIAH AGED ABOUT 46 YEARS, 28 . SMT PADMAVATHI D/O LATE MALLAIAH AGED ABOUT 48 YEARS, 29 . SMT HEMAVATHI D/O LATE MALLAIAH AGED ABOUT 43 YEARS, 30 . SRI NAGARAJ S/O LATE MALLAIAH AGED ABOUT 56 YEARS, SL.NO.25 TO 30 ARE R/AT NO.6 B STREET, 2ND CROSS, GOPALAPURA, MAGADI ROAD, BENGALURU-560 023.

ALL THE APPELLANTS ARE REPRESENTED BY THEIR REGISTERED GENERAL POWER ATTORNEY HOLDER SRI R CHANDRU S/O LATE RAMAPPA AGED ABOUT 58 YEARS, R/AT NO.204, 2ND FLOOR, AHUJA CHAMBERS NO.1, KUMARAKRUPA ROAD BENGALURU-560 001.

... APPELLANTS (BY SRI. VIJAYA KUMAR K., ADVOCATE)

AND:

1 . PRL. SECY. TO GOVT, DEPARTMENT OF REVENUE M S BUILDING, BANGALORE-560 001.

2 . THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE-560 009.

3 . SAROJAMMA AGED ABOUT 77 YEARS W/O LATE K N SRINIVASA GUPTA

4 . SRI M.S. MOHAN KUMAR AGED ABOUT 60 YEARS S/O LATE K N SRINIVASA GUPTA 5 . SRI. K.S. SURENDRA BABU AGED ABOUT 51 YEARS S/O LATE K N SRINIVASA GUPTA

6 . SRI K.S. VISHWAKIRAN AGED ABOUT 46 YEARS S/O LATE K N SRINIVASA GUPTA

7 . SRI K S SUBBARAJU AGED ABOUT 46 YEARS S/O LATE K N SRINIVASA GUPTA RESPONDENT NOS.2 TO 7 ARE R/AT NO.9, 100 FEET ROAD, BANASHANKARI

2ND STAGE 4TH BLOCK BANGALORE-560083.

8 . SRI R V BHASKAR MAJOR S/O LATE RAJA VENKATARAMANA SHETTY

9 . SRI R V SUDHIR MAJOR S/O LATE RAJA VENKATARAMANA SHETTY

10 . SRI R V GIRIDHAR MAJOR S/O LATE RAJA VENKATARAMANA SHETTY.

11 . SRI. R .V SHANKAR MAJOR S/O LATE RAJA VENKATARAMANA SHETTY.

12 . SRI A MUDALAPPA MAJOR S/O LATE VENKATARAMANAPPA.

DASEGOWDA SINCE DEAD BY HIS LRS 13 . SMT. VENKATAMMA

1ST WIFE OF LATE DASEGWODA

14 . SMT. KEMPANNA

2ND WIFE OF LATE DASEGWODA

15 . SRI. RANGASWAMY AGED ABOUT 54 YEARS S/O LATE DASEGOWDA

16 . VENKATEGOWDA AGED ABOUT 48YEARS S/O LATE DASEGOWDA

17 . BYIRAHANUME GOWDA AGED ABOUT 47YEARS S/O LATE DASEGOWDA

18 . KEMPEGOWDA AGED ABOUT 47 YEARS S/O LATE DASEGOWDA

19 . RAGHU AGED ABOUT 41 YEARS S/O LATE DASEGOWDA

20 . MANJUNATH AGED ABOUT 38 YEARS S/O LATE DASEGOWDA RESPONDENTS No.13 TO 20 R/AT NO. 228, MUDDINAPALYA MAIN ROAD, OPP., GOVT SCHOOL BANGALORE 560 091.

21 . SRI GANGAPPA MAJOR S/O LATE VENKATARAMANAPPA

22 . SRI BYRAPPA MAJOR S/O LATE VENKATARAMANAPPA

23 . SMT CHENNAMMA MAJOR W/O MUDDINAPALYA R/A VISHWANEEDAM POST MAGADI ROAD YESHWANTHPURA HOBLI BANGALORE-560091. 24 . THE CHAIRMAN LAND TRIBUNAL BANGALORE NORTH TALUK BANGALORE-560009. 25 . RUDRA MURTHY S/O H.S. SADASHIVAIAH AGED ABOUT 60 YEARS

26 . CHANDRAN S/O LATE NANJUNDAPPA AGED ABOUT 60 YEARS

27 . NARASAPPA S/O BASAPPA AGED ABOUT 48 YEARS

28 . GANGARAJU S/O NAGARAJU AGED ABOUT 48 YEARS

29 . MUDDUHAHONNAIAH S/O JAYANNA AGED ABOUT 60 YEARS

30 . CHANDRAPPA S/O LATE RAJAPPA AGED ABOUT 50 YEARS

31 . SRI. Y.MANJUNATH S/O YELLAPPA AGED ABOUT 59 YEARS R/A NO.24, 2ND CROSS 2ND MAIN, HOSAHALLI VIJAYANAGAR BENGALURU-560 040.

... RESPONDENTS (BY SRI.VIKRAM HUILGOL AAG A/W SMT. SHWETA KRISHNAPPA, AGA FOR C/R1 & 2;

SRI SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SMT. NILOUGER AKBAR, AGA FOR RESPONDENTS No. 1 TO 3, 5 & 6;

PROF. RAVIVARMA KUMAR, SR. ADVOCATE A/W SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2 SRI. JAYAKUMAR S. PATIL SR. ADVOCATE FOR SRI. MAHAMMED TAHIR, ADVOCATE FOR R7)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 11.10.2022 PASSED IN WP No.24123/2012(LR) AND CONSEQUENTLY DISMISS THE WP No.24123/2012(LR) AND PASS ANY OTHER APPROPRIATE ORDER/S WHICH THE HON’BLE COURT DEEMS IT FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

IN W.A. No.1170/2022 BETWEEN:

1 . SRI. HARISH KUMAR S/O LATE VENKATARAMAIAH AGED ABOUT 56 YEARS

2 . SMT B V VENKATALAKSHMAMMA D/O LATE VENKATARAMAIAH AGED ABOUT 68 YEARS

3 . SMT B V PARVATHAMMA D/O LATE VENKATARAMAIAH AGED ABOUT 66 YEARS

4 . SMT B V CHANDRAMMA D/O LATE VENAKTARAMAIAH AGED ABOUT 70 YEARS

5 . SMT B V MANJULA D/O LATE VENKATARAMAIAH AGED ABOUT 55 YEARS No.1 TO 5 ARE R/AT No.33, 12TH “E” CROSS AGRAHARADASARAHALLI MAGADI ROAD BENGALURU – 560 079.

6 . SRI MALLESHKUMAR S/O LATE LINGAMMA AGED ABOUT 53 YEARS

7 . SMT LAKSHMI D/O LATE LINGAMMA AGED ABOUT 50 YEARS 8 . SMT NANJAMMA W/O DOLLAIAH AGED ABOUT 70 YEARS SL.No.6 TO 8 ARE R/AT No.42, “E” 42, 2ND CROSS GOPALAPURA, MAGADI ROAD BENGALURU – 560 023.

9 . SRI H DAYAKAR S/O LATE HANUMAIAH AGED ABOUT 70 YEARS

10 . SRI H JANARDHAN S/O LATE HANUMAIAH AGED ABOUT 62 YEARS

11 . SRI H RAMACHANDRA S/O LATE HANUMAIAH AGED ABOUT 60 YEARS

12 . SRI H CHANDRASHEKAR S/O LATE HANUMAIAH AGED ABOUT 53 YEARS SL.No.9 TO 12 ARE R/AT ULLALU VILLAGE, YESHWANTHPURA HOBLI BENGALURU NORTH TALUK – 560 056.

13 . SRI GOVINDA S/O LATE THIMMAIAH AGED ABOUT 72 YEARS 14 . SRI VENKATAPPA S/O LATE THIMMAIAH AGED ABOUT 60 YEARS 15 . SRI DAYANANDA S/O LATE THIMMAIAH AGED ABOUT 50 YEARS SL.No.13 TO 15 ARE R/AT No.13, “E” STREET, 2ND CROSS GOPALAPURA, BENGALURU – 560 023.

16 . SRI D KRISHNA MURTHY S/O LATE DASAPPA AGED ABOUT 45 YEARS

17 . SRI D LOKESH S/O LATE DASAPPA AGED ABOUT 40 YEARS

18 . SRI D MANJUNATH S/O LATE DASAPPA AGED ABOUT 37 YEARS 19 . SRI D PRAKASH S/O LATE DASAPPA AGED ABOUT 35 YEARS

20 . SMT SARASWATHI D/O LATE GOVINDA AGED ABOUT 55 YEARS SL.No.16 TO 20 ARE R/AT No.20, “E” STREET, 2ND CROSS GOPALAPURA, MAGADI ROAD BENGALURU – 560 023.

21 . SRI ANAND @ ANAND MURTHY S/O LATE PUTTAIAH AGED ABOUT 48 YEARS

22 . SMT LAKSHMI D/O LATE PUTTAIAH AGED ABOUT 42 YEARS 23 . SRI LAKSHMANA S/O LATE PUTTAIAH AGED ABOUT 38 YEARS

24 . SMT KOMALA D/O LATE PUTTAIAH AGED ABOUT 33 YEARS SL.No.21 TO 24 ARE R/AT No.11, “E” STREET, 7TH CROSS GOPALAPURA, MAGADI ROAD BENGALURU – 560 023.

25 . SRI SHANKARA S/O LATE MALLAIAH AGED ABOUT 60 YEARS

26 . SRI BALACHANDRA S/O LATE MALLAIAH AGED ABOUT 53 YEARS

27 . SRI NARASIMHA RAJU S/O LATE MALLAIAH AGED ABOUT 46 YEARS

28 . SMT PADMAVATHI D/O LATE MALLAIAH AGED ABOUT 48 YEARS 29 . SMT HEMAVATHI D/O LATE MALLAIAH AGED ABOUT 43 YEARS

30 . SRI NAGARAJ S/O LATE MALLAIAH AGED ABOUT 56 YEARS SL.No.25 TO 30 ARE R/AT No.06, “B” STREET, 2ND CROSS GOPALAPURA, MAGADI ROAD BENGALURU – 560 023.

ALL THE APPELLANTS ARE REPRESENTED BY THEIR REGISTERED GENERAL POWER OF ATTORNEY HOLDER SRI. R. CHANDRU S/O LATE RAMAPPA AGED ABOUT 58 YEARS R/A NO.204, 2ND FLOOR AHUJA CHAMBERS NO.1, KUMARAKRUPA ROAD BENGALURU-560 001.

... APPELLANTS (BY SRI. VIJAYA KUMAR K., ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING BENGALURU-560 001.

2 . THE THASILDAR BENGALURU NORTH TALUK K G ROAD BANGALORE-560 001.

SRI VENKATARAMANAPPA @ DODDANNA SINCE DEAD BY HIS LRS DASEGOWDA SINCE DEAD BY HIS LRS

3 . VENKATAMMA

1ST WIFE OF LATE DASEGOWDA

4 . KEMPAMMA

2ND WIFE OF LATE DASEGOWDA

5 . SRI RANGASWAMY S/O LATE DASEGOWDA AGED ABOUT 54 YEARS

6 . SRI VENKATE GOWDA AGED ABOUT 48 YEARS S/O LATE DASEGOWDA

7 . BYIRAHANUME GOWDA AGED 47 YEARS S/O LATE DASEGOWDA

8 . KEMPEGOWDA AGED ABOUT 47 YEARS S/O LATE DASEGWODA

9 . RAGHU AGED ABOUT 41 YEARS S/O LATE DASEGOWDA

10 . MANJUNATH AGED ABOUT 38 YEARS S/O LATE DASEGOWDA

11 . SMT CHANNAMMA AGED ABOUT 68 YEARS W/O LATE RANGAPPA D/O LATE VENKATARAMANAPPA

12 . SRI BYRAPPA AGED ABOUT 56 YEARS S/O LATE VENKATARAMANAPPA

13 . SRI. GANGAPPA AGED ABOUT 54 YEARS S/O LATE VENKATARAMANAPPA RESPONDENT No.3 TO 13 R/AT MUDDENAPALYA VILLAGE VISHWANTANEEDAM POST YESHWANTHPURA HOBLI BENGALURU NORTH TALUK – 560 091.

NAGARATHNAMMA SINCE DEAD BY HER LRs

14 . SRI. BHASKAR R.V., S/O LATE VENKATA CHALAPATHI MAJOR

15 . SRI SRIDHAR R V S/O LATE VENKATA CHALAPATHI MAJOR

16 . SRI GIRIDHAR R V S/O LATE VENAKTA CHALAPATHI MAJOR

17 . SRI SHANKAR R V S/O LT VENKATACHALAPATHI MAJOR RESPONDENT No.14 TO 17 ARE R/AT 37/55 SURVEYOR ROAD BASAVANAGUDI BENGALURU - 560004.

18 . SRI RAJA SATISH S/O LATE GOVINDA RAJU MAJOR R/AT NO 214, 45TH CROSS

8TH BLOCK, JAYANAGAR BENGLAURU – 560 082.

19 . SRI DALI MUNIYAPPA AGED ABOUT 65 YEARS S/O MUNI OBALAPPA R/A ULLAL VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 110.

20 . SMT LAKSHMINARASAMMA AGED ABOUT 52 YEARS W/O SHIVANNA, R/A NO 24

2ND CROSS, 2ND MAIN VIJAYANAGAR BENGALURU – 560 040.

21 . SMT B V RATHNAMMA AGED ABOUT 60 YEARS D/O LATE VENAKTARAMAIAH R/AT NO 33, 12TH ‘E’ CROSS MAGADI ROAD BENGALURU 560023.

22 . SRI KRISHNA MURTHY AGED ABOUT 48 YEARS S/O LATE LINGAMMA

23. SMT MAHADEVAMMA AGED ABOUT 50 YEARS D/O LATE LINGAMMA RESPONDENT No.22 TO 23 R/AT NO E-42, 2ND CROSS GOPALAPURA, MAGADI ROAD BENGALURU – 560023.

24 . SRI H CHANDRAKEERTHI AGED ABOUT 41 YEARS S/O LATE HANUMAIAH R/A ULLAL VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 110.

25 . SMT VENKATAMMA AGED ABOUT 81 YEARS W/O LATE YELLAPPA

26 . SRI Y NAGARAJA AGED ABOUT 64 YEARS S/O LATE YELLAPPA

27. SRI Y RAMAKRISHNA AGED ABOUT 61 YEARS S/O LATE YELLAPPA

28 . SRI Y. MANJUNATHA AGED ABOUT 53 YEARS S/O LATE YELLAPPA RESPONDENT No.25 & 28 ARE R/AT No.24

2ND CROSS, 2ND MAIN VIJAYANAGAR, BENGALURU – 560 040.

29 . SRI RAMAKRISHNA AGED 59 YEARS S/O LATE THIMMASIAH

30 . SRI D MURTHY AGED ABOUT 41 YEARS S/O LATE DASAPPA

31 . SRI D GOVINDARAJU AGED 35 YEARS S/O LATE DASAPPA

32 . SMT BHAGYAMMA AGED 43 YEARS D/O LATE DASAPPA

33 . SMT PARVATHAMMA AGED ABOUT 33 YEARS D/O LATE DASAPPA RESPONDENTS No.30 TO 33 R/A No.11, ‘E’ STREET, 7TH CROSS GOPALAPURA BENGALURU – 560 023.

34. SMT. PARVATHAMMA AGED ABOUT 71 YEARS D/O LATE DASAPPA

35 . SRI. NARASIMHA MURTHY S/O LATE PUTTAIAH AGED ABOUT 55 YEARS

36. SRI. NARASIMHA MURTHY S/O LATE MALLAIAH AGED ABOUT 63 YEARS

37 . PUTTALAKSHMAMMA AGED ABOUT 54 YEARS W/O LATE MARISWAMY 38 . SMT. M. SUDHA AGED ABOUT 35 YEARS D/O LATE MARISWAMY 39 . SRI M. HARISH AGED ABOUT 34 YEARS W/O LATE MARISWAMY

40. SRI. M ARAN @ ARUN AGED ABOUT 34 YEARS W/O LT MARISWAMY R/AT NO 36, ULLALA MAIN ROAD OPP ULLAL LAKE BENGALURU – 560 110.

... RESPONDENTS (BY SRI. VIKRAM HUILGOL, AAG A/W SMT. SHWETA KRISHNAPPA AGA FOR C/R-1 & 2;

SRI. MITHUN G.A., ADVOCATE FOR R3 TO R10;

V/O DATED:14.07.2023, NOTICE TO RESPONDENTS – 11, 12, 14 TO 25, 27, 29 TO 36 ARE DISPENSED WITH;

V/O DATED:22.08.2023 NOTICE TO R-13 IS DISPENSED WITH;

SRI. SHRISHAIL A. HUBLI, ADVOCATE FOR R-28;

SRI. ABHINAY Y.T. ADVOCATE FOR R-37 TO R-40)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 11/10/2022, PASSED IN WP NO.10174/2021 AND CONSEQUENTLY DISMISS THE WRIT PETITION NO.10174/2021 BY CONFIRMING THE ORDER PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE IN APPEAL NO.121/1978 DATED 30/06/2015 AND PASS ANY OTHER APPROPRIATE ORDER/s. WHICH THE HON’BLE COURT DEEMS IT FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

IN W.A. No.1171/2022:

BETWEEN:

1 . SRI HARISH KUMAR AGED ABOUT 56 YEARS S/O LATE VENKATARAMAIAH

2 . SMT B V VENKATALAKSHMAMMA, D/O LATE VENKATARAMAIAH AGED ABOUT 68 YEARS, 3 . SMT B V PARVATHAMMA, D/O LATE VENKATARAMAIAH, AGED ABOUT 66 YEARS, 4 . SMT B V CHANDRAMMA, D/O LATE VENKATARAMAIAH, AGED ABOUT 70 YEARS, 5 . SMT B V MANJULA, D/O LATE VENKATARAMAIAH, AGED ABOUT 55 YEARS No.1 TO 5 ARE RESIDING AT NO.33, 12TH E CROSS, AGRAHARADASARAHALLI, MAGADI ROAD, BENGALURU-560 079

6 . SRI MALLESHKUMAR, S/O LATE LINGAMMA AGED ABOUT 53 YEARS

7 . SMT LAKSHMI, D/O LATE LINGAMMA, AGED ABOUT 50 YEARS, 8 . SMT NANJAMMA, W/O DOLLAIAH, AGED ABOUT 70 YEARS SL.NO.6 TO 8 ARE RESIDING AT No.42, ‘E’ 42, 2ND CROSS, GOPALAPURA, MAGADI ROAD, BENGALURU – 560 023

9 . SRI H DAYAKAR, S/O LATE HANUMAIAH, AGED ABOUT 70 YEARS, 10 . SRI H JANARDHAN, S/O LATE HANUMAIAH AGED ABOUT 62 YEARS

11 . SRI H RAMACHANDRA, S/O LATE HANUMAIAH, AGED ABOUT 60 YEARS, 12 . SRI H CHANDRASHEKAR, S/O LATE HANUMAIAH, AGED ABOUT 53 YEARS, SL.NO.9 TO 12 ARE RESIDING AT ULLALU VILLAGE YESWANTHAPURA HOBLI, BENGALURU NORTH TALUK-560 056.

13 . SRI GOVINDA, S/O LATE THIMMAIAH, AGED ABOUT 72 YEARS, 14 . SRI VENKATAPPA, S/O LATE THIMMAIAH, AGED ABOUT 60 YEARS, 15 . SRI DAYANANDA, S/O LATE THIMMAIAH, AGED ABOUT 50 YEARS, SL.NO.13 TO 15 ARE RESIDING AT NO 13, ‘E’ STREET, 2ND CROSS, GOPALAPURA, BENGALURU – 560 023.

16 . SRI D KRISHNA MURTHY, S/O LATE DASAPPA, AGED ABOUT 45 YEARS, 17 . SRI D LOKESH, S/O LATE DASAPPA, AGED ABOUT 40 YEARS, 18 . SRI D MANJUNATH, S/O LATE DASAPPA, AGED ABOUT 37 YEARS, 19 . SRI D PRAKASH S/O LATE DASAPPA, AGED ABOUT 35 YEARS, 20 . SMT SARASWATHI, D/O LATE GOVINDA, AGED ABOUT 55 YEARS, SL.NO.16 TO 20 ARE RESIDING AT NO 20, ‘E’ STREET, 2ND CROSS, GOPALAPURA, MAGADI ROAD, BENGALURU – 560 023.

21 . SRI ANANDA @ ANANDA MURTHY, AGED ABOUT 48 YEARS, S/O LATE PUTTAIAH, 22 . SMT LAKSHMI, D/O LATE PUTTAIAH , AGED ABOUT 42 YEARS, 23 . SRI LAKSHMANA, S/O LATE PUTTAIAH AGED ABOUT 38 YEARS, 24 . SMT KOMALA, D/O LATE PUTTAIAH, AGED ABOUT 33 YEARS, SL.NO.21 TO 24 ARE RESIDING AT NO.11, ‘E’ STREET, 7TH CROSS, GOPALAPURA, MAGADI ROAD, BENGALURU-560023. 25. SRI SHANKARA, S/O LATE MALLAIAH, AGED ABOUT 60 YEARS, 26 . SRI BALACHANDRA, S/O LATE MALLAIAH, AGED ABOUT 53 YEARS, 27 . SRI NARASIMHA RAJU, S/O LATE MALLAIAH, AGED ABOUT 46 YEARS, 28 . SMT PADMAVATHI, D/O LATE MALLAIAH, AGED ABOUT 48 YEARS, 29 . SMT HEMAVATHI, D/O LATE MALLAIAH, AGED ABOUT 43 YEARS, 30 . SRI NAGARAJ, S/O LATE MALLAIAH, AGED ABOUT 56 YEARS, SL.NO.25 TO 30 ARE R/A NO.6, ‘B’ STREET, 2ND CROSS, GOPALAPURA, MAGADI ROAD, BENGALURU-560 023.

ALL THE APPELLANTS ARE REPRESENTED BY THEIR REGISTERED GENERAL POWER OF ATTORNEY HOLDER SRI R CHANDRU, S/O LATE RAMAPPA, AGED ABOUT 58 YEARS, R/A NO.204, 2ND FLOOR, AHUJA CHAMBERS, NO.1 KUMARA KRUPA ROAD, BENGALURU-560 001.

... APPELLANTS (BY SRI. VIJAYA KUMAR .K, ADVOCATE)

AND:

1 . KARNATAKA INSTITUTE OF LEATHER TECHNOLOGY (AN AUTONOMOUS INSTITUTE PROMOTED BY THE GOVERNMENT OF KARNATAKA )

KADUGONDANAHALLI, ARABIC COLLEGE POST, BANGALORE-560 045, REPRESENTED BY ITS DIRECTOR.

2 . THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001.

SRI. VENKATARAMANAPPA @

DODDANNA, SINCE DEAD BY HIS LRS SRI. DASEGOWDA, SINCE DEAD BY HIS LR’S

3 . SRI. RANGASWAMY, AGED ABOUT 54 YEARS, S/O LATE DASEGOWDA, 4 . VENKATEGOWDA, AGED ABOUT 48 YEARS, S/O LATE DASEGOWDA, 5 . BYIRAHANUME GOWDA, AGED ABOUT 47 YEARS, S/O LATE DASEGOWDA, 6 . KEMPEGOWDA, AGED ABOUT 47 YEARS, S/O LATE DASEGOWDA, 7 . RAGHU, AGED ABOUT 41 YEARS, S/O LATE DASEGOWDA, 8 . MANJUNATH, AGED ABOUT 38 YEARS, S/O LATE DASEGOWDA, 9 . SMT CHANNAMMA, AGED ABOUT 68 YEARS, W/O LATE RANGAPPA, D/O LATE VENKATARAMANAPPA, 10 . SRI BYRAPPA, AGED ABOUT 56 YEARS, S/O LATE VENKATARAMANAPPA, 11 . SRI GANGAPPA, AGED ABOUT 54 YEARS, S/O LATE VENKATARAMANAPPA, RESPONDENTS NOS.3 TO 11, ARE RESIDING AT MUDDENAPALYA VILLAGE, VISHWANTANEEDAM POST, YESHWANTHURA HOBLI, BENGALURU NORTH TALUK -560 091.

NAGARATHNAMMA, SINCE DEAD BY HER LRS 12 . SRI BHASKAR R V, S/O LATE VENKATA CHALAPATHI, MAJOR, 13 . SRI SRIDHAR R V, S/O LATE VENKATA CHALAPATHI, MAJOR, 14 . SRI GIRIDHAR R V, S/O LATE VENKATA CHALAPATHI, MAJOR, 15 . SRI SHANKAR R V, S/O LATE VENKATA CHALAPATHI, MAJOR, RESPONDENT NOS. 12 TO 15 ARE RESIDING AT NO.37/55, SURVEYOR ROAD, BASAVANAGUDI, BENGALURU-560 004.

16 . SRI RAJA SATISH, S/O LATE GOVINDA RAJU, MAJOR, R/A NO.214, 45TH CROSS, 8TH BLOCK, JAYANAGAR, BENGALURU-560 082.

17 . SRI DALI MUNIYAPPA, AGED ABOUT 65 YEARS, S/O MUNI OBALAPPA, R/A ULLAL VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560 110.

18 . SMT LAKSHMINARASAMMA, AGED ABOUT 52 YEARS, W/O SHIVANNA, R/A NO.24, 2ND CROSS

2ND MAIN, VIJAYANAGAR, BENGALURU-560 040.

19 . SMT B V RATHNAMMA, AGED ABOUT 60 YEARS, D/O LATE VENKATARAMAIAH, R/A NO.33, 12TH ‘E’ CROSS, MAGADI ROAD, BENGALURU-560 023.

20 . SRI KRISHNA MURTHY, AGED ABOUT 48 YEARS, S/O LATE LINGAMMA, R/AT NO.E-42, 2ND CROSS, GOPALPURA, MAGADI ROAD, BENGALURU-560 023. SMT. MAHADEVAMMA, SINCE DEAD BY HER LR’S

21 . SOWMYA, AGED ABOUT 22 YEARS, D/O LATE MAHADEVAMMA, 22 . NARAYANASWAMY, AGED ABOUT 21 YEARS, S/O LATE MAHADEVAMMA, 23 . SRI H CHANDRAKEERTHI, AGED ABOUT 41 YEARS, S/O LATE HANUMAIAH, RESPONDETNS No.21 TO 23 R/A ULLAL VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560 110.

SMT VENKATAMMA, SINCE DEAD BY HER LR’S, 24 . MANJUNATH, AGED ABOUT 36 YEARS, S/O LATE VENKATAMMA, SRI. Y. NAGARAJ, SINCE DEAD BY HER LRS, 25 . SHASHIKALA, D/O LATE NAGARAJ, AGED ABOUT 45 YEARS, 26 . VEDHA, D/O LATE NAGARAJ, AGED ABOUT 43 YEARS, 27 . CHAMPA, D/O LATE NAGARAJ, AGED ABOUT 41 YEARS, 28 . AJAY, S/O LATE NAGARAJ, AGED ABOUT 40 YEARS, SRI Y RAMAKRISHNA, DEAD BY HIS LRS, 29 . SHOBHA, D/O LATE RAMAKRISHNA, AGED ABOUT 47 YEARS, 30 . SHARAVATHI, D/O LATE RAMAKRISHNA, AGED ABOUT 45 YEARS, 31 . VIJAYKUMAR, S/O LATE RAMAKRISHNA, AGED ABOUT 41 YEARS, RESPONDENT No.24 TO 31 NO.24 2ND CROSS, 2ND MAIN HOSAHALLI COLONY, NEAR PLAGUE MARAMMA TEMPLE, VIJAYANAGAR, BENGALURU-560 040.

32 . SRI Y MANJUNATHA, S/O LATE YELLAPPA, AGED ABOUT 53 YEARS, NO.24 2ND CROSS 2ND MAIN, VIJAYANAGAR, BENGALURU-560 040.

SRI RAMAKRISHNA, SINCE DEAD BY HIS LR’S, 33 . SRINIVAS, S/O LATE RAMAKRISHNA, AGED ABOUT 35 YEARS, R/AT NO.4 ‘D’ STREET

2ND CROSS, GOPALAPURA MAGADI ROAD BENGALURU-560 023.

SRI D MURTHY, SINCE DEAD BY HIS LR’S, 34 . BHAGYAMMA, W/O LATE D MURTHY, AGED ABOUT 63 YEARS, 35 . D RAVI, S/O LATE D MURTHY, AGED ABOUT 35 YEARS, 36 . SRI D GOVINDARAJU, S/O LATE DASAPPA, AGED ABOUT 35 YEARS, 37 . SMT BHAGYAMMA, D/O LATE DASAPPA, AGED ABOUT 43 YEARS, 38 . SMT PARVATHAMMA, D/O LATE DASAPPA, AGED ABOUT 33 YEARS, RESPONDENT No.34 TO 38 R/AT NO.11 ‘E’ STREET,7TH CROSS GOPALAPURA, BENGALURU-560 023.

39 . SMT PARVATHAMMA, AGED ABOUT 71 YEARS, D/O LATE PUTTAIAH, 40 . SRI NARASIMHA MURTHY, AGED ABOUT 55 YEARS, S/O LATE PUTTAIAH, RESPONDENT No.39 & 40 R/AT NO.11 ‘E’ STREET 7TH CROSS, GOPALAPURA, MAGADI ROAD, BENGALURU-560 023.

SRI NARASIMHA MURTHY, SINCE DEAD BY HIS LR’S, 41 . AKKAYAMMA, W/O LATE NARASIMHA MURTHY, AGED ABOUT 44 YEARS, 42 . BHARATH KUMAR, S/O LATE NARASIMHA MURTHY, AGED ABOUT 31 YEARS, 43 . SUJAY KUMAR, S/O LATE NARASIMHA MURTHY, AGED ABOUT 21 YEARS, 44 . BHAVYA SHREE, D/O LATE NARASIMHA MURTHY, AGED ABOUT 28 YEARS, RESPONDENTS No.41 TO 44 RESIDING AT ANJANNAGAR, MANTANAKURCHI, SONDEKOPPA POST, NELMANGALA TALUK, BENGALURU-562 130.

45 . SMT PUTTALAKSHMAMMA, W/O LATE MARISWAMY, AGED ABOUT 54 YEARS, 46 . SMT M SUDHA, D/O LATE MARISWAMY, AGED ABOUT 35 YEARS, 47 . SRI M HARISH, W/O LATE MARISWAMY, AGED ABOUT 34 YEARS, 48 . SRI M ARAN @ ARUN, W/O LATE MARISWAMY, AGED ABOUT 34 YEARS RESPONDENT No.45 TO 48, RESIDING AT NO.36, ULLALA MAIN ROAD, OPP ULLAL LAKE, BENGALURU-560 110.

... RESPONDENTS (BY SRI. A. RAVISHANKAR, ADVOCATE FOR C/R-1, SRI. VIKRAM HUILGOL, AAG A/W SMT. SHWETA KRISHNAPPA, AGA FOR C/R-2, SRI. MITHUN G.A., ADV. FOR R-3 TO 8, SRI. SHRISHAIL A. HUBLI, ADV. FOR R29 TO 33, SRI. ABHINAY. Y.T. ADV. FOR R45 TO R48, V/O DATED 14.07.2023, NOTICE TO R-9 T R-17, R-19, R-21 TO R-23 & R-33 TO R-35 ARE DISPENSED WITH, V/O DATED 22.08.2023, NOTICE TO R-18, R-20, R-24 TO R-28 &

R-36 TO R-44 ARE DISPENSED WITH)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 11.10.2022 PASSED IN W.P. No. 14662/2019 (LR) AND CONSEQUENTLY DISMISS THE W.P. No. 14662/2019 (LR) BY CONFIRMING THE ORDER PASSED BY THE KARNATAKA APPELLATE TRIBUNAL BANGALORE IN APPEAL No.121/1978 DATED 30.06.2015, BY ALLOWING THIS APPEAL AND PASS ANY OTHER APPROPRIATE ORDER/S WHICH THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

IN W.A. No.1267/2022:

BETWEEN:

1 . SRI. K.S.SURENDRA BABU, S/O LATE K N SRINIVASA GUPTA, AGED ABOUT 62 YEARS R/AT NO.9, 100 FEET ROAD, BANASHANKARI 2ND STAGE, 4TH BLOCK, BENGALURU-560 085.

2 . SRI. K S SUBBARAJU, AGED ABOUT 57 YEARS, S/O LATE K N SRINIVASA GUPTA, R/AT NO.485, 2ND CROSS

2ND BLOCK, BANASHANKARI 1ST STAGE, BENGALURU-560 050.

... APPELLANTS (BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE FOR SMT. LEELA .P. DEVADIGA, ADVOCATE)

AND:

1 . THE SPECIAL TAHSILDAR, BENGALURU NORTH TALUK, K.G. ROAD, BENGALURU-560 001.

2 . SRI. Y MANJUNATHA, S/O YELLAPPA, AGED ABOUT 59 YEARS, R/AT NO.24, 2ND CROSS, 2ND MAIN, HOSAHALLI, VIJAYANAGAR, BANGALORE-560 040.

3 . THE STATE OF KARNATAKA, REVENUE DEPARTMENT, BY ITS REVENUE SECRETARY, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001.

4 . SRI K.S. VISHWAKIRAN, AGED ABOUT 65 YEARS, S/O LATE K N SRINIVASA GUPTA, R/AT NO.9, 100 FEET ROAD, BANASHANKARI 2ND STAGE, 4TH BLOCK, BENGALURU-560 085.

... RESPONDENTS (BY SRI. VIKRAM HUILGOL, AAG A/W SMT. SHWETA KRISHNAPPA, ADDL.GOVT. ADV. FOR C/R1 & R3)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CONSEQUENTLY SET ASIDE THE JUDGMENT PASSED IN W.P.NO.8615/2011 DATED 11.10.2022 AND ALLOW THE ABOVE WRIT APPEAL AND ETC.

IN W.A.No.398 OF 2023:

BETWEEN:

Y.MANJUNATH, S/O LATE SRI. YELLAPPA, AGED ABOUT 60 YEARS, R/AT NO 24, 2ND CROSS, 2ND MAIN, HOSAHALLI, VIJAYANGARA, BENGALURU-560 040.

... APPELLANT (BY SRI. HUBLI SHRISHAIL AYYAPPA, ADVOCATE)

AND:

1 . STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, BENGALURU-560 001.

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

3 . SMT. SAROJAMMA, W/O LATE K N SRINIVAS GUPTA, AGED ABOUT 77 YEARS, R/AT No.9, 100 FEET ROAD, BANASHANKARI 2ND STAGE, 4TH BLOCK, BENGALURU-560 085.

4. SRI M S MOHAN KUMAR, S/O LATE K.N. SRINIVASA GUPTA, AGED ABOUT 60 YEARS, R/AT No.9, 100 FEET ROAD, BANASHANKARI 2ND STAGE, 4TH BLOCK, BENGALURU-560 085.

5 . SRI K S SURENDRA BABU, S/O LATE K N SRINIVASA GUPTA, AGED ABOUT 62 YEARS, R/AT NO 9, 100 FEET ROAD, BANASHANKARI 2ND STAGE, 4TH BLOCK, BENGALURU-560 085.

6 . K S VISHWAKIRAN, S/O LATE K N SRINIVASA GUPTA, AGED ABOUT 56 YEARS, R/AT NO 9, 100 FEET ROAD, BANASHANKARI 2ND STAGE, 4TH BLOCK, BENGALURU-560 085.

7 . SRI K S SUBBARAJU, S/O LATE K N SRINIVASA GUPTA, AGED ABOUT 56 YEARS, R/AT NO 9, 100 FEET ROAD, BANASHANKARI 2ND STAGE, 4TH BLOCK, BENGALURU-560 085.

8 . SRI R V BHASKAR, S/O LATE RAJA VENKATARAMANA SHETTY, AGE MAJOR, 9 . SRI R V SUDHIR, S/O LATE RAJA VENKATARAMANA SHETTY, AGE MAJOR, 10 . SRI R V GIRIDHAR, S/O LATE RAJA VENKATARAMANA SHETTY, AGE MAJOR, 11 . SRI R V SHANKAR, S/O LATE RAJA VENKATARAMANA SHETTY, AGE MAJOR, 12 . SRI A MUDLAPPA, S/O LATE RAJA VENKATARAMANAPPA, AGE MAJOR, DASEGOWDA DEAD BY LRS.

SMT VENKATAMMA, 13 . 1ST WIFE OF DASE GOWDA, AGE MAJOR, 14 . SMT KEMPAMMA, 2ND WIFE OF DASE GOWDA, AGE MAJOR, 15 . SRI RANGASWAMY, S/O DASE GOWDA, AGED ABOUT 68 YEARS, 16 . SRI VENKATEGOWDA, S/O DASE GOWDA, AGED ABOUT 62 YEARS, 17 . SRI BYRA HANUMEGOWDA, S/O DASE GOWDA, AGED ABOUT 68 YEARS, 18 . SRI KEMPEGOWDA, S/O DASE GOWDA, AGED ABOUT 64 YEARS, 19 . SRI RAGHU, S/O DASE GOWDA, AGED ABOUT 58 YEARS, 20 . SRI MANJUNATH, S/O DASE GOWDA, AGED ABOUT 48 YEARS, THE RESPONDENTS No.8 TO 10 ARE R/AT No.228, MUDDINAPALYA MAIN ROAD, OPP. GOVT. SCHOOL, BENGALURU-560 091.

21 . SRI GANGAPPA, S/O LATE VENKATARAMANAPPA, AGED ABOUT 64 YEARS, 22 . SRI BYRAPPA, S/O LATE VENKATARAMANAPPA, AGED ABOUT 63 YEARS, 23 . SMT CHENNAMMA, W/O RANGAPPA, AGED ABOUT 75 YEARS, THE RESPONDENTS 21 TO 23 ARE R/AT MUDDINAPALYA VILLAGE, VISHWANEEDAM POST, YESHWANTHPURA HOBLI, BENGALURU-560 091. 24 . THE CHAIRMAN, LAND TRIBUNAL, BENGALURU NORTH TALUK, BENGALURU-560 001.

25 . SRI RUDRA MURTHY, S/O H S SADASHIVAIAH, AGED ABOUT 70 YEARS, 26 . SRI CHANDRAN, S/O LATE NANJUNDAPPA, AGED ABOUT 70 YEARS, 27 . SRI NARASAPPA S/O BASAPPA, AGED ABOUT 58 YEARS, 28 . SRI GANGARAJU, S/O NAGARAJU, AGED ABOUT 58 YEARS, 29 . SRI MUDDUHONNAIAH, S/O JAYANNA, AGED ABOUT 70 YEARS, 30 . SRI CHANDRAPPA, S/O LATE RAJAPPA, AGED ABOUT 50 YEARS, ... RESPONDENTS (BY SRI. VIKRAM HUILGOL, AAG A/W SMT. SHWETA KRISHNAPPA, ADDL.GOVT. ADV. FOR C/ R1,R2 & R23 )

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 11.10.2022 IN WP No.24123/2012 AND CONNECTED CASES TO THE EXTENT IT PERTAINS TO ORDER ALLOWING THE WP No.24123/2012 ii) DISMISS THE W.P. No.24123/2012 FILED BY THE 1ST RESPONDENT & ETC.

IN WA. No.474/2023:

BETWEEN:

1 . SRI. M. VENKATARAMAIAH, S/O MUDALAGIRIYAPPA, SINCE DECEASED BY HIS LR, V. HARISH KUMAR, S/O LATE M. VENAKTARAMAIAH, AGED ABOUT 52 YEARS, R/AT No. 33, 13TH ‘E’ STREET, AGRAHARA DASARAHALLI, MAGADI ROAD, BENGALURU-560 079.

Y. NAGARAJ, S/O LATE. YELLAPPA, SINCE DECEASED BY HIS LR

2 . DR. N. AJAY, S/O LATE. Y. NAGARAJ, AGED ABOUT 41 YEARS, R/AT No.24, 2ND CROSS, 2ND MAIN, VIJAYANAGARA, BENGALURU-560 040.

Y. RAMAKRISHNA SINCE DECEASED

3 . R. SHOBHA, W/O M.C. KESHAVAMURTHY, AGED ABOUT 45 YEARS, R/O. 11/1, 1ST MAIN, 1ST CROSS, VALMIKINAGAR, MYSORE ROAD, BENGALURU-560 026.

4. R. SHARAVATHI, W/O RANGASWAMY, AGED ABOUT 43 YEARS, R/T No. 24, 2ND CROSS, 2ND MAIN, HOSAHALLI, VIJIAYANGAR, BENGALURU-560 040. 5. R. VIJAYAKUMAR, S/O RAMAKRISHNA, AGED ABOUT 41 YEARS, R/T No. 24, 2ND CROSS, 2ND MAIN, HOSAHALLI, VIJAYANAGARA, BENGALURU-560 040.

6. Y. MANJUNATHA, S/O LATE SRI. YELLAPPA, AGED ABOUT 60 YEARS, R/AT No.24, 2ND CROSS, 2ND MAIN, HOSAHALLI, VIJAYANGARA, BENGALURU-560 040.

... APPELLANTS (BY SRI. HUBLI SHRISHAIL AYYAPPA, ADVOCATE)

AND:

1 . STATE OF KARNATAKA, BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.

2 . THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.

3 . KARNATAKA INSTITUTE OF LEATHER TECHNOLOGY, KADUGONDANAHALLI, ARABIC COLLEGE POST, BENGALURU-560 045, BY ITS DEVELOPMENT OFFICER, ... RESPONDENTS (BY SRI. VIKRAM HUILGOL, AAG A/W SMT. SHWETA KRISHNAPPA, ADDL.GOVT. ADV. FOR C/R1, SRI A. RAVISHANAKAR, ADV., FOR R4)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO i)SET ASIDE THE ORDER DATED 11/10/2022 IN WRIT PETITION NO.24123/2012 C/W WRIT PETITION NO.10017-21/2010. ii) ALLOW THE WRIT PETITION NO. 24123/2012 C/W WRIT PETITION No.10017-21/2010 FILED BY THE APPELLANTS & ETC.

IN W.A. No.489/2023 BETWEEN:

Y. MANJUNATH, S/O LATE SRI. YELLAPPA, AGED ABOUT 60 YEARS, R/AT No.24, 2ND CROSS, 2ND MAIN, HOSAHALLI, VIJAYANAGARA, BENGALURU-560 040.

... APPELLANT (BY SRI. HUBLI SHRISHAIL AYYAPPA, ADVOCATE)

AND:

1 . STATE OF KARNATAKA, BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.

2 . THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, M S BUIDING, DR AMBEDKAR VEEDHI, BENGALURU-560 001.

3 . THE SECRETARY AND COMMISSIONER, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001.

4 . THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BENGALURU-560 001.

5 . THE JOINT COMMISSIONER, C.A.R WEST, INFANTRY ROAD BENGALURU-560 001. 6 . RUDRA MURTHY, S/O H.S. SADASHIVAIAH, AGED ABOUT 65 YEARS, 7 . CHANDRAN, S/O LATE NANJUNDAPPA, AGED ABOUT 65 YEARS, 8 . NARASAPPA, S/O BASAPPA, AGED ABOUT 53 YEARS, 9 . GANGARAJU, S/O NAGARAJU, AGED ABOUT 53 YEARS, 10 . MUDDUHAHONNAIAH, S/O JAYANNA, AGED ABOUT 65 YEARS

11 . CHANDRAPPA, S/O LATE RAJAPPA, AGED ABOUT 55 YEARS RESPONDENTS No.6 TO 11 ARE R/AT ULLALU UPA NAGARA, ULLALU, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU RURAL DISTRICT.

... RESPONDENTS (BY SRI. VIKRAM HUILGOL, AAG A/W SMT. SHWETA KRISHNAPPA, ADDL.GOVT. ADV. FOR R1 TO R5)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 11.10.2022 DISMISSING THE W.P.NO.52118/2017 WHILE PASSING THE COMMON ORDER IN W.P.NO.24123/2012 AND CONNECTED CASES AND ALLOW THE WRIT PETITION NO.52118/2017 FILED BY THE APPELLANT &

ETC.

IN W.A. No.1458/2023:

BETWEEN:

SMT. MANGALAGOWRI, W/O LATE MUNNINARASAIAH, AGED ABOUT 67 YEARS, R/AT G2, FLAT NO. 62/19, 2ND MAIN ROAD,PRASHANTHNAGAR, BENGALURU-560 079 ... APPELLANT (BY SRI. KESHAVA MURTHY .M, ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560 001.

2 . THE TAHSILDAR, BENGALURU NORTH TALUK, KANDAYA BHAVANA, K.G. ROAD, BENGALURU-560 001.

3 . VENKATARAMANAPPA @ DODDANNA S/O LATE HANUMADSAPPA, SINCE DECEASED BY HIS LRS.

(A) SRI. DASEGOWDA S/O LATE VENKATARAMANAPPA SINCE DEAD BY HIS LRS, 1. VENKATAMMA, 1ST WIFE 2. KEMPAMMA, 2ND WIFE, 3. RANGASWAMY, AGED ABOUT 55 YEARS, 4. VENKATEGOWDA AGED ABOUT 49 YEARS, 5. BYIRAHANUMEGOWDA AGED ABOUT 48 YEARS, 6. KEMPEGOWDA, AGED ABOUT 48 YEARS, 7. RAGHU, AGED ABOUT 42 YEARS, 8. MANJUNATH, AGED ABOUT 40 YEARS, (B) SMT. CHANNAMMA AGED 69 YEARS, WIFE OF LATE RANGAPPA, DAUGHTER OF LATE VENKATARAMANAPPA, (C) SRI. BYRAPPA, AGED ABOUT 57 YEARS, SON OF LATE VENKATARAMANAPPA, (D) SRI. GANGAPPA, AGED MAJOR, SONE OF LATE VENKATARAMANAPPA, THE LEGAL HERIRS OF RESPNDENT 3(A) TO 3(D)

ARE R/AT MUDDENAPALYA VILLAGE, VISHWANTHANEEDAM POST, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK-560 091.

4 . SMT. NAGARATHRANAMMA, WIFE OF RAJA VENKATARAMA SHETTY, SINCE DECEASED BY HER LRS.

(A) SRI. BHASKAR R V AGED MAJOR, S/O LATE VENKATA CHALAPATHI, (B) SRI. SHRIDHAR R.V.

AGED MAJOR, S/O LATE VENKATA CHALAPATHI, (C) SRI. GIRIDHAR R.V., AGED MAJOR S/O LATE VENKATA CHALAPATHI, (D) SRI. SHANKAR R.V.

AGED MAJOR S/O LATE VENKATA CHALAPATHI, THE LEGAL HEIRS OF RESPONDENT 4(A) TO 4(D)

R/AT NO. 37 /55, SURVEYOR ROAD, BASAVANAGUDI, BENGALURU-560 004.

(E) SRI. RAJA SATISH, AGED MAJOR SON OF LATE GOVINDARAJU, RESIDING AT No.214, 45TH CROSS, 8TH BLOCK, JAYANAGAR, BENGALURU-560 082.

5 . SRI. DALI MUNIYAPPA, AGED ABOUT 68 YEARS, S/O MUNI OBALAPPA, R/AT ULLAL VILLAGE, YESHWANTHAPURA HOBLI, BENGLAURU NORTH TALUK, BENGALURU-560 101.

6 . SMT. LAKSHMINARASAMMA, AGED ABOUT 61 YEARS, W/O SHIVANNA R/AT NO. 24, 2ND CROSS, 2ND MAIN, VIJAYANAGAR, BENGALURU-560 040.

7 . SRI. HARISH KUMAR, AGED ABOUT 52 YEARS, S/O LATE VENKATARAMAIAH, 8 . SMT. B V VENKATALAKSHMAMMA AGED ABOUT 70 YEARS, D/O LATE VENKATARAMAIAH, 9 . SMT. B V PARVATHAMMA, AGED ABOUT 68 YEARS, D/O LATE VENKATARAMAIAH, 10 . SMT. B V CHANDRAMMA, AGED ABOUT 65 YEARS, D/O LATE VENKATARAMAIAH, 11 . SMT. B V RATHAMMA, AGED ABOUT 61 YEARS, D/O LATE VENKATARAMAIAH, 12 . SMT. B V MANJULA, AGED ABOUT 49 YEARS, D/O LATE VENKATARAMAIAH, THE RESPONDENT No.7 TO 12 ARE R/AT NO. 33, 12TH ‘E’ CROSS, MAGADI ROAD, BENGALURU-560 023.

13 . SRI. KRISHNA MURTHY, AGED ABOUT 49 YEARS, S/O LATE LINGAMMA, 14. SRI. MALLESH KUMAR, AGED ABOUT 51 YEARS, S/O LATE LINGAMMA, 15. SMT. MAHADEVAMMA, AGED ABOUT 51 YEARS, D/O LATE LINGAMMA, 16. SMT. LAKSHMI AGED ABOUT 44 YEARS, D/O LATE LINGAMMA, 17. SMT. NANJAMMA, W/O DOLLAIAH, AGED ABOUT 64 YEARS, RESPONDENT No.13 TO 17 ARE R/AT No. E-42, 2ND CROSS, GOPALAPURA MAGADI ROAD, BENGALURU-560 023.

18. SRI. H DAYAKAR, S/O LATE HANUMAIAH, AGED ABOUT 64 YEARS, 19. SRI. H JANARDHAN, S/O LATE HANUMAIAH, AGED ABOUT 64 YEARS, 20. SRI. H RAMACHANDRA, S/O LATE HANUMAIAH AGED ABOUT 56 YEARS, 21. SRI. H CHANDRASHEKAR, S/O LATE HANUMAIAH , AGED ABOUT 48 YEARS, 22. SRI. H CHANDRAKEERTHI, S/O LATE HANUMAIAH , AGED ABOUT 43 YEARS, RESPONDENT No.18 TO 22 ARE R/AT ULLALU VILLAGE, YESHWANTHPUR HOBLI, BENGALURU NORTH TALUK-560 110.

23. SMT. VENKATAMMA, AGED ABOUT 82 YEARS, WIFE OF LATE YELLAPPA, 24. SRI. Y.NAGARAJ, AGED ABOUT 65 YEARS, SON OF LATE YELLAPPA, 25. SRI Y RAMAKRISHNA, AGED ABOUT 62 YEARS, SON OF LATE YELLAPPA, 26. SRI Y MANJUNATHA, AGED ABOUT 54 YEARS, SON OF LATE YELLAPPA, RESPONDENT NOS.23 TO 26 ARE RESIDING AT NO. 24, 2ND CROSS, 2ND MAIN, VIJAYANAGAR, BENGALURU-560 040.

27. SRI GOVINDA, AGED ABOUT 66 YEARS, SON OF LATE THIMMAIAH, 28. SRI RAMAKRISHNA, AGED ABOUT 60 YEARS, SON OF LATE THIMMAIAH, 29. SRI. VENKATAPPA, AGED ABOUT 54 YEARS, SON OF LATE THIMMAIAH, 30. SRI DAYANANDA, AGED ABOUT 44 YEARS, SON OF LATE THIMMAIAH, RESPONDENT NOS.24 TO 27 ARE RESIDING AT NO. 13,E STREE, 2ND CROSS, GOPALAPURA, BENGALURU-560 023.

31. SRI D MURTHY, AGED ABOUT 42 YEARS, SON OF LATE DASAPPA, 32 . SRI D KRISHNA MURTHY, AGED ABOUT 39 YEARS, SON OF LATE DASAPPA, 33. SRI D GOVINDARAJU, AGED ABOUT 36 YEARS, SON OF LATE DASAPPA, 34. SRI D LOKESH, AGED ABOUT 36 YEARS, SON OF LATE DASAPPA, 35. SRI D MANJUNATH, AGED ABOUT 35 YEARS, SON OF LATE DASAPPA, 36. SRI D PRAKASH, AGED ABOUT 30 YEARS, SON OF LATE DASAPPA, 37. SMT BHAGYAMMA, AGED ABOUT 45 YEARS, DAUGHTER OF LATE DASAPPA, 38. SMT PARVATHAMMA, AGED ABOUT 35 YEARS, DAUGHTER OF LATE DASAPPA, 39. SMT SARSWATHI, AGED ABOUT 50 YEARS, DAUGHTER OF LATE DASAPPA, RESPONDENT NOS.31 TO 39 ARE RESIDING AT NO. 20, E STREET, 2ND CROSS, GOPALAPURA, MAGADI ROAD, BENGALURU-560 023.

40. SMT PARVATHAMMA, AGED ABOUT 73 YEARS, DAUGHTER OF LATE PUTTAIAH, 41. SRI NARASIMHA MURTHY, AGED ABOUT 57 YEARS, SON OF LATE PUTTAIAH, 42. SRI ANANDA, AGED ABOUT 42 YEARS, SON OF LATE PUTTAIAH, 43. SMT LAKSHMI, AGED ABOUT 36 YEARS, DAUGHTER OF LATE PUTTAIAH, 44. SRI LAKSHMANA, AGED ABOUT 33 YEARS, SON OF LATE PUTTAIAH, 45. SMT KOMALA, AGED ABOUT 28 YEARS, DAUGHTER OF LATE PUTTAIAH, RESPONDENTS NOS.40 TO 45 ARE RESIDING AT NO. 11,E STREET, 7TH CROSS, GOPALAPURA,MAGADI ROAD, BENGALURU-560 023.

46. SRI NARASIMHA MURTHY, AGED ABOUT 65 YEARS, SON OF LATE MALLAIAH, 47. SRI SHANKARA, AGED ABOUT 65 YEARS, SON OF LATE MALLAIAH, 48. SRI BALACHANDRA, AGED ABOUT 44 YEARS, SON OF LATE MALLAIAH, 49. SRI NARASIMHA RAJU, AGED ABOUT 40 YEARS, SON OF LATE MALLAIAH, 50. SMT PADMAVATHI, AGED ABOUT 42 YEARS, DAUGHTER OF LATE MALLAIAH, 51. SMT HEMAVATHI, AGED ABOUT 37 YEARS, DAUGHTER OF LATE MALLAIAH, 52. SRI NAGARAJ, AGED ABOUT 50 YEARS, SON OF LATE MALLAIAH, RESPONDENTS NOS. 46 TO 52 ARE RESIDING AT NO. 6, B STREET, 2ND CROSS, GOPALAPURA,MAGADI ROAD, BENGALURU-560 023.

RESPONDENTS NOS.5 TO 52 REPRESENTED BY THEIR REGISTERED GENERAL POWER OF ATTORNEY HOLDER SRI. R. CHANDRU, SON OF LATE RAMAPPA, AGED 58 YEARS, RESIDING AT No.204, 2ND FLOOR, AHUJA CHAMBERS No.1, KUMARAKRUPA ROAD, BENGALURU-560 001.

53. SMT. PUTTALAKSHMAMMA, AGED ABOUT 55 YEARS, WIFE OF LATE MARISWAMY, 54. SMT M SUDHA, AGED ABOUT 36 YEARS, WIFE OF LATE MARISWAMY, 55. SRI M HARISH AGED ABOUT 35 YEARS, SON OF LATE MARISWAMY, 56. SRI M ARAN, AGED ABOUT 35 YEARS, WIFE OF LATE MARISWAMY, RESPONDENTS NOS.53 TO 56 ARE RESIDING AT N0. 36, ULLALA MAIN ROAD, OPP ULLAL LAKE, BENGALURU-560110.

... RESPONDENTS (BY SRI. VIKRAM HUILGOL, AAG A/W SMT. SHWETA KRISHNAPPA, ADDL.GOVT. ADV. FOR R1 & R2)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 11.10.2022 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.10174/2021 AND WRIT OF MANDAMUS DIRECTING THE RESPONDENT No.2 THE TAHASILDAR TO EFFECT THE KATHA IN THE NAME OF THE APPELLANT AS PER THE WILL DATED 19.12.1988 DOCUMENT No.3 WITH RESPECT TO THE SCHEDULE PROPERTY AND ETC.

THESE APPEALS HAVING BEEN HEARD AND RESERVED, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, CHIEF JUSTICE, DELIVERED THE FOLLOWING: