Disposed

K L Srihari v. the State of Karnataka

Karnataka HC21 Jun 2021WP/47120/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging interim orders in revenue recovery proceedings. The Court granted liberty to the petitioners to seek remedies against final orders once passed, noting that a separate writ petition challenging those final orders was under consideration.

What did the court decide?

Writ petition disposed of with liberty to petitioners to avail remedy against impugned interim orders/final orders in RRT(2)/CR/59/2000-01.

K L Srihari Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO. 47120/2017 (KLR RR/SUR)

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BETWEEN :

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K. L. SRIHARI, SINCE DEAD BY HIS LR, K H SRINIVAS,

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AGED ABOUT 52 YEARS

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K H GURUNATH S/O LATE K L SRIHARI AGED ABOUT 54 YEARS,

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K. H. SRINIVAS S/O LATE K L SRIHARI AGED ABOUT 52 YEARS,

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K H RADESHAYAM S/O LATE K L SRIHARI AGED ABOUT 50 YEARS,

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K. L. ANANTHA PADMANABHASA S/O LATE K L LAKSHMANSA AGED ABOUT 76 YEARS,

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4(A). K P VASUDEV, SINCE DEAD BY HIS LR K L A PADMANABHASA AGED ABPIT 76 YEARS,

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K P GHANSHAYAM S/O K. L. A. PADMANABHASA AGED ABOUT 45 YEARS,

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K. L. NARAYANSA, SINCE DEAD BY HIS LR K N ESHWARSA, S/O LATE K. L. NARAYANA AGED ABOUT 62 YEARS,

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6(A). K. N. ESHWARSA S/O LATE K. L. NARAYANSA AGED ABOUT 62 YEARS.

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K. N. MADHUSUDHAN S/O LATE K. L. NARAYANSA AGED ABOUT 57 YEARS,

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ALL ARE RESIDING AT NO.9 SESHADRI ROAD BENGALURU - 560 009.

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... PETITIONERS

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(By SRI. S. SUKUMAR., ADVOCATE)

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AND :

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THE STATE OF KARNATAKA REPT BY ITS CHIEF SECRETARY VIDHANASOUDHA BENGALURU - 560 001.

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SPECIAL DEPUTY COMMISSIONER-2 BENGALURU SOUTH DIVISION, K. G. ROAD, BENGALURU - 560 009.

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THE SPECIAL TAHSILDAR BANGALORE SOUTH TALUK K. G. ROAD, BENGALURU - 560 009.

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KRISHNAPPA S/O VAJARAPPA MAJOR.

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VENKATANARASAPPA S/O T. NARASAPPA MAJOR.

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G. CHANNAPPA S/O LATE GALAPPA AGED ABOUT 73 YEARS,

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MUTHURAJ S/O LATE HANUMAPPA AGED ABOUT 29 YEARS,

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A. NAGARAJ S/O LATE ARASAPPA MAJOR,

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N. NAGARAJ S/O LATE NANJAPPA AGED ABOUT 66 YEARS,

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C. NAGARAJ S/O CHANNAPPA MAJOR,

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MUNINARASAPPA S/O LATE NARASARASAPPA MAJOR,

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H. GALAPPA S/O LATE HANUMAIAH MAJOR,

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C. KRISHNAPPA S/O CHENNIGAPPA MAJOR,

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A. NARASAPPA S/O LATE ARASAPPA MAJOR

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M. NARASAPPA S/O MARAPPA AGED ABOUT 73 YEARS,

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A. MARAPPA S/O LATE ARASAPPA MAJOR,

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A. MAHADEVA S/O LATE ARASAPPA AGED ABOUT 57 YEARS,

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C. N. RAJANNA S/O T. NARASAPPA AGED ABOUT 47 YEARS,

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A. NARAYANA S/O ARASAPPA AGED ABOUT 48 YEARS,

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MUNINARASAPPA S/O NAGAARASAPPA AGED ABOUT 61 YEARS,

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RESPONDENTS NO.4 TO 20 RESIDING AT O. B. CHOUDAHALLY VILLAGE, UDYAPURA POST, UTTHARAHALLI HOBLI, BANGALORE SOUTH TALUK, BENGALURU - 560 082.

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... RESPONDENTS

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(By SRI.A.R. SRINIVASA., AGA FOR R1 TO R3; R4 TO R6, R11,R18 SERVED AND UNREPRESENTED; SRI. KRISHNAMURTHY D., ADVOCATE FOR R7,R13 & R15;

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SRI. N.M. PRUTHVIRAJ., ADVOCATE FOR R8 & R19; SRI. R.B. SADASIVAPPA & S.TEJUS., ADVOCATE FOR R9,R10,R16 & R20)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR DIRECTION IN THE NATURE OF A WRIT OF CERTIORARI QUASHING THE ORDER DATED 15.06.2016 AND 31.07.2017 PASSED BY THE RESPONDENT NO.2 IN RRT (2) CR/59/2000-01 AND REFERRED AS ANNEXURE-A AS WITHOUT JURISDICITION AND INVALID AND CONSEQUENTLY REJECT THE APPLICATION FILED BY RESPONDENT 4 TO 20 AND DIRECT THE PROCEEDINGS IN RRT(2)/CR/59/2000-01TO BE KEPT IN ABEYANCE, PENDING FINAL ADJUDICATION OF O.S. NO. 793/2014 ON THE FILE OF THE 1^ST ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT BENGALURU.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The learned counsel for the petitioners and Sri R.B. Sadasivappa, learned counsel on record for some of the respondents, submit that this writ petition is filed calling in question the interim orders dated 15.06.2016 and 31.07.2017 in RRT(2)/CR/59/2000-01, a proceeding initiated by the second respondent under the provisions of Section 136 (3) of the Karnataka Land Revenue Act, 1964. However, during the

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pendency of this petition, the final orders are passed in the proceedings in RRT(2)/CR/59/2000-01. This final order has been impugned by some of the respondents in W.P.No.56585/2018.

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While Sri. S.Sukumar, the learned counsel for the petitioner, submits that this petition be tagged along with the writ petition in W.P.No.56585/2018, Sri. R B Sadashivappa, the learned counsel for some of the respondents, submits that the petitioners, who have to take necessary steps to ensure that all the respondents are served in this petition, must file a fresh petition if they are aggrieved either by final orders in RRT(2)/CR/59/2000-01 or the impleadment of some of the respondents in such proceedings by the impugned orders dated 15.06.2016 and 31.07.2017 and no purpose would be served in tagging this writ petition with W.P.No.56585/2018 as requested by the learned counsel for the petitioners.

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In consideration of the rival submissions, and in the

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facts and circumstances of the case, the writ petition stands disposed of with liberty to the petitioners, subject to all just exceptions, to avail remedy as could be in law against the impugned interim orders/final orders in

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RRT(2)/CR/59/2000-01.

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SD/JUDGE

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K L Srihari v. the State of Karnataka

Case brief

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K L Srihari v. the State of Karnataka

Case brief

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