The High Court of Karnataka allowed a week to file office objections in Writ Appeal No.461/2021, threatening dismissal for default. No substantive merits of the title dispute or jurisdictional question were decided.
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 19TH DAY OF OCTOBER, 2022
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE S VISHWAJITH SHETTY
WRIT APPEAL NO.461/2021 (SC-ST)
BETWEEN
SRI MUNIRAJU M S/O LATE MUNIYAPPA AGED ABOUT 63 YEARS, R/AT NO. 163 DODDATHOGURU VILLAGE, ELECTRONIC CITY, 1ST STAGE, BEGUR HOBLI, BENGALURU- 560 068.
. .. APPELLANT
(BY SRI. GEETHA M AND SRI. MANJUNATHA M.,ADVOCATES)
AND
R/AT NO. 8123 SHOBHA APARTMENT TALAGATTAPURA, KANAKAPURA ROAD BENGALURU- 560 062.
2 . HARISH S/O SHIVALINGAIAH AGED ABOUT 32 YEARS, R/AT NO. 8123, SHOBHA APARTMENT, TALAGHATTAPURA, KANKAPURA ROAD, BENGALURU- 560 062
W.A.NO.461/2021
2
3 . SHANKAR G S/O A .GOPAL REDDY AGED ABOUT 32 YEARS R/AT FLAT NO. A6, “SRI SAI HOME STYLE APARTMENT”, NEAR GREEN HOUSE LAYOUT, DODDATHOGUR, ELECTRONIC CITY 1ST STAGE, BENGALURU- 560 100.
MR.P.NAVANEETH MENON, HAVING OFFICE AT NO. EL-51/74M, SATHI CIVIL LANE ROAD, AYYANTHOLE, THRISSUR- 680 003.
REPRESENTED BY HIS GPA HOLDER MR. ARUN KUMAR S/O RAGHAVENDRA NAYAR AGED ABOUT 41 YEARS R/AT NO. 269, 2ND CROSS, NEAR BHA COMPLEX, KALYANA NAGAR, BENGALURU- 560 045.
5 . STATE OF KARNATAKA DEPARTMENT OF REVENUE, REP. BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU- 560 001.
W.A.NO.461/2021
3
BENGALURU, KANDAYA BHAVAN, K.G. ROAD BENGALURU- 560 009.
THE ASSISTANT COMMISSIONER OF POLICE, ELECTRONIC CITY SUB-DIVISION, BENGALURU SOUTH-EAST, BENGALURU CITY- 560 100.
…RESPONDENTS
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO IT IS HUMBLY PRAYED THAT THE MATTER TO BE REMANDED TO THE CIVIL COURT THAN THAT OF THE ASSISTANT COMMISSIONER AND DEPUTY COMMISSIONER AS INORDER TO RESOLVE THE TITLE ISSUE BASED ON PROHIBITION OF TRANSFER OF CERTAIN LAND ACT 1979 AND TO BE SETTLE WITHIN 2 YEARS AND ETC.,
W.A.NO.461/2021
4
THIS WRIT APPEAL COMING ON FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING ORDER.
ORDER
None for the appellant even when the matter is called in the second round. However, a week’s time is granted to comply with the office objections, failing which, the appeal shall stand dismissed without reference to bench.
Sd/JUDGE
Sd/-
JUDGE
TYPED BY : SK
CASE WORKER : SMV COMPARED BY : SMV
COPY
Sd/ASSISTANT REGISTRAR
1 issue framed by the court
Whether the writ appeal praying for remand to the Civil Court regarding title dispute under Prohibition of Transfer of Certain Land Act 1979 shall be heard.
2 provisions across 2 enactments
Sri Muniraju M
Jayamma
Harish
Shankar G
M/s Unidesign Builders and Developers Pvt. Ltd.
State of Karnataka
AlOk Aradhe
S VishwaJith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
