SRI. CHANNAPPA S/O LATE KARIYAPPA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59280
WP No. 11457 of 2018
CNR: KAHC010560442018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 11457 OF 2018 (KLR-RR/SUR)
BETWEEN:
SRI. CHANNAPPA S/O. LATE KARIYAPPA,
SINCE DEAD BY HIS LRS
1(a)
SRI. C. NAGARAJU
S/O. LATE K. CHANNAPPA
AGED ABOUT 67 YEARS
1(b) SRI. VENKATAPPA
S/O. LATE K. CHANNPPA
AGED ABOUT 63 YEARS
1(c) SRI. RAMAIAH C.
S/O. LATE K. CHANNAPPA
AGED ABOUT 61 YEARS
ALL ARE R/AT UTTARI VILLAGE
UTTARAHALLI HOBLI
BANGALORE SOUTH TALUK
BANGALORE DISTRICT
BANGALORE - 560 082
…PETITIONERS
Digitally signed
by CHAYA S A
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. JAGADEESHACHARI.,ADVOCATE)
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WP No. 11457 of 2018
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AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDING,
BANGALORE - 560 001.
2. THE SPECIAL DEPUTY COMMISSIONER
BANGALORE DISTRICT,
BANGALORE - 560 009.
3. THE ASSISTANT COMMISSIONER
BANGALORE SOUTH TALUK,
BANGALORE - 560 009.
4.
THE TAHSILDAR
BANGALORE SOUTH TALUK,
BANGALORE - 560 009.
SRI. NAGARAJACHARI S/O. BETTACHARI,
SINCE DEAD, BY HIS LRS
5(a) SMT. MANJULA
D/O. LATE NAGARAJACHARI
AGED ABOUT 49 YEARS
5(b) SRI. NAGESH
S/O. LATE NAGARAJACHARI
AGED ABOUT 46 YEARS
5(c) SRI. GANESH
S/O. LATE NAGARAJACHARI
AGED ABOUT 44 YEARS
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HC-KAR
NC: 2026:KHC:59280
WP No. 11457 of 2018
CNR: KAHC010560442018
ALL ARE R/AT UTTARI VILLAGE,
KAGGALIPURA POST,
KANAKAPURA MAIN ROAD
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU DISTRICT,
BENGALURU - 560 082
6. K. PRASANNA
S/O. LATE KALAPPA MANOR
AGED ABOUT 52 YEARS
UTTARI VILLAGE
KAGGALIPURA POST
UTTARAHALLI HOBLI
BANGALORE SOUTH TALUK
BANGALORE - 560 082
…RESPONDENTS
(BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R4
SRI. SHARATH S. GOWDA, ADVOCATE FOR
SRI. P. GANESHA, ADVOCATE FOR R5(a TO c)
SRI. C.N. MAHADESHWARA, ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE
RECORDS FROM THE RESPONDENT NO.2 AND QUASH THE
ORDER DATED 18.11.2017 AS PER ANNEXURE-H IN
NO.RRT(S)CR.68/17-18 PASSED BY THE 2ND RESPONDENT IN
SO FAR AS PETITIONER'S 0.20 GUNTAS IN SY.NO.127/2
SITUATED AT UTTARI VILLAGE, UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK, BANGALORE DISTRICT.
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HC-KAR
NC: 2026:KHC:59280
WP No. 11457 of 2018
CNR: KAHC010560442018
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, the petitioners are assailing the
order/Official Memorandum dated 18.11.2017 (Annexure-
H) passed by respondent No.2 in respect of the land in
question.
2. Sri Jagadeeshachari, learned counsel appearing
for the petitioners invited the attention of the Court to the
registered Sale Deed dated 12.04.1968 (Annexure-A),
wherein, the father of the original petitioner had
purchased the land to an extent of 20 guntas in Survey
No.127 of Uttari Village, Uttarahalli Hobli, from one
Chikkabettachari and therefore, contended that, the
impugned order passed by the respondent-authority at
Annexure-H is incorrect and no opportunity has been
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WP No. 11457 of 2018
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extended to the original petitioner and therefore, sought
for interference of this Court.
3. Per contra, Sri Sharath S.Gowda, learned
counsel appearing on behalf Sri P.Ganesha, learned
counsel for respondent No.5 invited the attention of the
Court to the order dated 22.06.1979 (Annexure-R6 of
statement of objections filed by respondent No.6) of the
Land Tribunal, Bangalore South Taluk, wherein, one
Mallaiah and Arasappa had filed application in Form No. 7
seeking occupancy right in respect of the land in question
against the father of the original petitioner herein who has
been arraigned as the respondent No.3 in the said
proceedings and the Tribunal has granted the occupancy
right in favour of the tenants/applicants therein and
therefore, as the Kariyappa had lost the right over the
land in question. Therefore, the claim made by the
petitioner herein cannot be considered and accordingly,
sought for dismissal of the petition.
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4. Sri. C.N.Mahadeshwara, learned counsel
appearing for the impleading applicant/respondent No.6
also argued on the similar lines.
5. In the light of the submission made by the
learned counsel appearing for the parties, it is not in
dispute that the petitioners are claiming right over the
land based on the registered sale deed dated 12.04.1968
(Annexure-A) as the father of the original petitioner-
Kariyappa had purchased an extent of 20 guntas in Survey
No.127 of Uttari Village, Uttarahalli Hobli.
6. Perusal of Annexure-R6, in the statement of
objections filed by the respondent No.6 would indicate that
the proceedings have been initiated under Section 48-A of
the Karnataka Land Reforms Act, by the tenants namely
Mallaiah and Arasappa in respect of the subject land
before the Land Tribunal, Bangalore South Taluk,
Bengaluru and the Land Tribunal by order dated
22.06.1979 (Annexure-R6), granted occupancy right in
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respect of the land in question in favour of one
K. Mallaiah.
7. In that view of the matter as the father of the
original petitioner has lost the right over the land before
the Land Tribunal and the said order passed by the Land
Tribunal on 22.06.1979 has reached finality and therefore,
I am of view that the petitioners have no legal right to
claim the right over the property in question in respect of
the 20 guntas of land in Survey No.127/2.
dismissed
Accordingly, the writ petition is .
SD/-
(E.S.INDIRESH)
JUDGE
PSJ
List No.: 1 Sl No.: 2