Writ petition challenging a survey notice and land grants. Court held title dispute belongs in civil suit but directed authorities to verify petitioners' documents to demarcate land boundaries.
Respondent No.4 directed to consider documents proving grant to Marappa and demarcate boundaries within one month if grant is genuine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Mr. JUSTICE R.NATARAJ
WRIT PETITION NO. 291 OF 2021 (KLR-RES)
BETWEEN:
MARAPPA
S/O LATE NAGAPPA
SINCE DEAD, BY LEGAL REPRESENTATIVES
NAGARAJAPPA S/O LATE MARAPPA
SINCE DEAD, BY LEGAL REPRESENTATIVES
ALL ARE AGRICULTURISTS R/O HOSAHALLI VILLAGE JALA HOBLI YALAHANKA TALUK BENGALURU RURAL DISTRICT - 560 064.
2
CHANDRASHEKHAR S/O LATE MARAPPA SINCE DEAD, BY LEGAL REPRESENTATIVES
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:
(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 (AnnexureA), 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.
6
application filed by the petitioners for interim injunction was rejected and the same was confirmed by the Appellate Court in M.A.No.15013/2013.
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with the sketch prepared if any, at the time of grant of land to the petitioners.
Sd/JUDGE
bnv*
1 issue framed by the court
Whether the writ court can quash a government notice calling petitioners to prove title while a civil suit for declaration is pending.
2 provisions across 1 enactments
MARAMPA SINCE DEAD BY LEGAL REPRESENTATIVES
SMT. CHIKKEERAMMA
NAGARAJAPPA SINCE DEAD BY LEGAL REPRESENTATIVES
SMT. AKKAYYAMMA
KUMARA
EEREGOWDA
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
