IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 02^ND 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, 1^ST 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, 2^ND CROSS, 2^ND 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