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MARAPPA – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 291/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF DECEMBER, 2021
BEFORE
THE HON9BLE Mr. JUSTICE R.NATARAJ
WRIT PETITION NO. 291 OF 2021 (KLR-RES)
BETWEEN:
MARAPPA
S/O LATE NAGAPPA
SINCE DEAD, BY LEGAL REPRESENTATIVES
1.
SMT. CHIKKEERAMMA
W/O LATE MARAPPA
AGED ABOUT 85 YEARS
NAGARAJAPPA
S/O LATE MARAPPA
SINCE DEAD, BY LEGAL REPRESENTATIVES
2.
SMT. AKKAYYAMMA
W/O LATE NAGARAJAPPA
AGED ABOUT 65 YEARS
3.
KUMARA
S/O LATE NAGARAJAPPA
AGED ABOUT 45 YEARS
4.
EEREGOWDA
S/O LATE NAGARAJAPPA
AGED ABOUT 40 YEARS
ALL ARE AGRICULTURISTS
R/O HOSAHALLI VILLAGE
JALA HOBLI
YALAHANKA TALUK
BENGALURU RURAL DISTRICT - 560 064.
2
5.
SMT. NAGARATHNAMMA
W/O VENKATESH
D/O LATE NAGARAJAPPA
AGED ABOUT 46 YEARS
NO.201, ASHWATHANAGARA
DR. SHIVARAMA KARANTH NAGARA POST
THANISANDRA
BENGALURU - 560 077.
6.
SMT. MANJULA H.N.,
W/O NAGESH
D/O LATE NAGARAJAPPA
AGED ABOUT 40 YEARS
NO.166, BETTADA ROAD
CHIKKAJALA
JALA HOBLI
YALAHANKA TALUK
BENGALURU RURAL DISTRICT - 560 064.
CHANDRASHEKHAR
S/O LATE MARAPPA
SINCE DEAD, BY LEGAL REPRESENTATIVES
7.
SMT. KANTHAMMA
W/O LATE CHANDRASHEKHAR
AGED ABOUT 50 YEARS
8.
SMT. CHANDRIKA
W/O C.M. SURESHA MURTHY
D/O LATE CHANDRASHEKHAR
AGED ABOUT 35 YEARS.
PETITIONERS NOS.7 AND 8 ARE PRESENTLY
R/AT NO.16, CHIKKADASARAHALLI
SARJAPURA HOBLI
ANEKAL TALUK
BENGALURU RURAL DISTRICT - 562 125.
... PETITIONERS
(BY SRI. A.V. GANGADHARAPPA, ADVOCATE)
3
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT
MULTI STORIED BUILDING
BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT
DISTRICT OFFICE COMPLEX
BEERASANDRA, KUNDANA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT - 562 110.
3.
THE ASSISTANT COMMISSIONER
BENGALURU NORTH SUB-DIVISION
KANDAYA BHAVANA
BENGALURU - 560 001.
4.
THE TAHSILDAR
YALAHANKA TALUK
YALAHANKA
BENGALURU RURAL DISTRICT - 560 064.
5.
KODAVA SAMAJA(REGD)
REPRESENTED BY ITS SECRETARY
NO.7, 1ST MAIN ROAD
VASANTHANAGARA
BENGALURU - 560 052.
6.
Y.A.N. CHARITABLE TRUST (REGD)
REPRESENTED BY ITS PRESIDENT AND SOLE TRUSTEE
Y.A. NARAYANASWAMY
(FATHER NAME NOT KNOW TO PETITIONERS)
AGED ABOUT 65 YEARS
NO.6/1, ASHIRWAD, 2ND CROSS, 2ND MAIN
M.S. RAMAIAH NAGARA
BANGALURU - 560 054.
... RESPONDENTS
(BY SRI.A.R. SRINIVAS, AGA FOR R1 TO R4
SRI. K.S. BHEEMAIAH, ADVOCATE FOR R5, R6 SERVED)
4
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
THE RECORDS AND PROCEEDINGS OF THE CASE QUASH THE
NOTICE DATED:06.08.2020 ISSUED BY THE R-4 PRODUCED AS
ANNEXURE -A QUASH THE ORDER DATED:13.08.2012, ORDER
DATED:13.12.2012
AND
THE
ORDER
DATED:07.01.2013
ISSUED BY R-2 GRANTING PARCELS OF LAND IN SY.21 OF
HOSAHALLI
VILLAGE,
JALA
HOBLI,
YALAHANKA
TALUK,
BENGALURU RURAL DISTRICT IN FAVOUR OF R-5 AND 6 TRUE
COPIES OF WHICH ARE PRODUCED AS ANNEXURE +B TO D
RESPECTIVELY BY DECLARING ANNEXURE -B TO D HAVE BEEN
ISSUED IN COLOURABLE EXERCISE OF POWER IN AN
ARBITRARY MANNER FOR EXTRANEOUS CONSIDERATION AND
ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This Writ Petition is filed primarily challenging the
notice
issued
by
the
Respondent
No.4
bearing
No.LNK(Jala)CR/31/20-21 dated 06.08.2020 (Annexure-
A), by which, the petitioners were called upon to furnish
documents demonstrating the grant of 38 guntas of land in
Survey No.21 of Hosahalli village, Jala Hobli, Yalahanka
5
Taluk. The petitioners have also challenged the grant of
land in Survey No.21 of Hosahalli to Respondents 5 and 6.
They have also sought for the issuance of a Saguvali chit
in their favour by considering their representation dated
17.12.2020.
2. The Petitioners 2 and 5 are the daughters-in-law
and the other petitioners are the grand-children of
Marappa who was allegedly granted 0-38 guntas of land in
Survey No.21 of Hosa
