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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JULY , 2021

BEFORE

THE HON9BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO.34129 OF 2013 (KLR-RES)

BETWEEN:

SRI KARIYAPPA

AGED ABOUT 56 YEARS,

S/O CHIKKANNA,

RESIDING AT NO.761

(NEAR SUBRAMANYA TEMPLE)

VENKATAPURA MAIN ROAD,

TEACHERS COLONY,

BANGALORE-560 034.

&PETITIONER

(BY SRI.K. DIWAKAR, ADVOCATE FOR

SRI. K. SUMAN, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

BY ITS SECRETARY, REVENUE DEPARTMENT,

VIDHANA SOUDHA, VIDHANA VEEDHI,

BANGALORE-560 001.

2. THE DEPUTY COMMISSISONER

BANGALORE NORTH SUB DIVISION,

BANGALORE NORTH TALUK-560 001.

3. THE TAHSILDHAR

BANGALORE NORTH SUB DIVISION,

BANGALORE NORTH TALUK-560 001.

4. SMT.RAJESHWARAMMA

AGED ABOUT 65 YEARS,

W/O LATE N.S.RAJANNA,

5. SRI CHANDRASHEKAR

AGED ABOUT 46 YEARS,

S/O LATE N.S.RAJANNA,

6. SRI MANJUNATH

AGED ABOUT 48 YEARS,

S/O LATE N.S.RAJANNA,

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7. SRI CHANDRA

AGED ABOUT 41 YEARS,

S/O LATE NARAYANA SWAMY,

8. SRI.G.KRISHNAPPA

AGED ABOUT 72 YEARS,

S/O LATE CHIKKAGUNDAPPA,

9. SRI GOVINDARAJU

AGED ABOUT 57 YEARS,

S/O LATE CHIKKAGUNDAPPA,

SL.NOS.4 TO 9 ARE RESIDING AT

NAGAWARA VILLAGE,

ARABIC COLLEGE POST,

BANGALORE-560 045.

10. SMT.VENKATAMMA

MAJOR IN AGE,

W/O LATE KRISHNAPPA

(S/O LATE APPAJAPPA),

NAGAWARA VILLAGE,

ARABIC COLLEGE POST,

BANGALORE-560 045.

11. SMT.PARVATHAMMA

AGED ABOUT 70 YEARS,

W/O LATE H.KRISHNAPPA,

RESIDING AT CHANAKYA LAYOUT,

NEAR MANJUNATHA BAR,

ARABIC COLLEGE POST, NAGAWARA VILLAGE,

BANGALORE-560 045.

12. SRI NANJAPPA

AGED ABOUT 82 YEARS,

S/O LATE R.VENKATAPPA,

RESIDING AT GOVINDAPURA,

ARABIC COLLEGE POST,

NAGAWARA VILLAGE,

BANGALORE-560 045.

13. SMT.AKKAYAMMA

AGED ABOUT 84 YEARS,

W/O K.ANJANAPPA,

RESIDING AT 45, TARABANAHALLI,

CHIKKAJALA POST,

BANGALORE NORTH TALUK.

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14. SMT.RUKMINIYAMMA

AGED ABOUT 55 YEARS,

W/O SRI RAJANNA,

RESIDING AT NO.45,

TARABANAHALLI, CHIKKAJALA POST,

BANGALORE NORTH TALUK.

15. SMT. MUNIHANUMAKKA @ HANUMAKKA,

AGED ABOUT 70 YEARS,

W/O G.MUNISWAMY,

RESIDING AT NO.114,

MUNISHAMAPPA GARDEN,

SOUPARNIKA NILAYA,

ARABIC COLLEGE POST,

BANGALORE-560 045.

&RESPONDENTS

(BY SRI.A.R. SRINIVAS, AGA FOR R1 TO R3;

SRI.C.V. ANNAIAH, ADVOCATE FOR R4 TO R6;

SRI.N. GANGADHAR, ADVOCATE FOR R10;

SRI.B. ROOPESHA, ADVOCATE FOR R11;

SRI.S.K. ACHARYA, ADVOCATE FOR R13;

SRI. VIGHNESHWARA V, ADVOCATE FOR R14;

SRI.K.S. NARAYANASWAMY FOR R15;

R7, R9, R12 ARE SERVED & UNREPRESENTED;

NOTICE TO R8 IS H/S V/O DATED 22.08.2019)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

ORDERS DT.27.6.12, IN RESPECT OF SY.NO. 24/6, VIDE ANN-

E2,

DT.1.4.2011,

SY.NO.34/1,

ANN-F2,

DT.31.9.2012,

SY.NOS.78/2,81/1, 85/8, 88/6, VIDE ANN-G4 DT.27.6.2011,

SY.NO.35/4 VIDE ANN-H2 DT.22.3.2011, SY.NO.78/5, VIDE ANN-

J2, DT.31.9.2012, SY.NO.26/1, VIDE ANN-K2, PASSED BY THE

R3, i.e., THE TAHSILDAR /SPECIAL TAHSILDAR, BANGALORE

NORTH TQ. AS ARBITRARY, ILLEGAL & UNJUST AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING - B GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

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ORDER

Petitioner is knocking at the doors of the Writ Court for

assailing the six orders made by the third respondent,

whereby the entries in the revenue records standing in his

name have been annulled and in their stead the names of the

private respondents have been loaded.

2.

After service of notice, the official respondents

have entered appearance through the learned Addl. Govt.

Advocate; the private respondents are represented by their

respective counsel; the writ petition is being resisted on the

ground of availability of alternate remedy of appeal u/s 136(2)

or Revision u/s 136(3) of the Karnataka Land Revenue Act,

1964.

3. Learned advocate appearing for respondent Nos.4,

5 & 6 opposes the Writ Petition contending that when the

sales were made, they were not the owners of property

inasmuch as the lands were already a