Multiple regular second appeals filed under Section 100 CPC by individuals against orders regarding land site allotment. The High Court dismissed all appeals as the appellants withdrew them during the hearing.
Appeals dismissed as withdrawn with liberty to challenge the specific government resolution. Pending applications disposed of.
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.
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 268 OF 2015 (INJ)
C/W
R.S.A. NOS.188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND
270/2015
IN RSA No.268 OF 2015
BETWEEN :
Digitally signed by R DEEPA Location: High Court of Karnataka
SMT. MAMATHA W/O SHIVAKUMAR AGED ABOUT 36 YEARS RESIDENT OF HIREKADLUR VILLAGE DUDDA HOBLI HASSAN TALUK-573201
(BY SRI. JANARDHANA G., ADVOCATE)
AND :
…APPELLANT
BOTH ARE R/OF HIREKADALUR VILLAGE, DUDDA HOBLI
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
…RESPONDENTS
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO. 210/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN OS NO. 368/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE JMFC HASSAN.
IN RSA No.188 OF 2015 BETWEEN :
SMT. GOWRAMMA W/O H.N. MANJEGOWDA AGED ABOUT 43 YEARS R/OF HIREKADLUR VILLAGE DUDDA HOBLI HASSAN TALUK – 573 201
…APPELLANT
(BY SRI. JANARDHANA G., ADVOCATE)
AND :
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
BOTH ARE R/OF HIREKADALUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
…RESPONDENTS
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO. 205/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN OS NO.15/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE JMFC HASSAN.
IN RSA No.189 OF 2015 BETWEEN :
SMT. VEENA W/O SESHA GOWDA AGED ABOUT 46 YEARS R/O HIREKADLUR VILLAGE DUDDA HOBLI HASSAN TALUK – 573 201.
…APPELLANT
(BY SRI. JANARDHANA G., ADVOCATE)
AND :
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
BOTH ARE R/OF HIREKADALUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
…RESPONDENTS
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO. 207/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN OS NO. 257/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE JMFC HASSAN.
IN RSA No.190 OF 2015 BETWEEN :
SMT. MALLAMMA W/O MANJEGOWDA AGED ABOUT 68 YEARS R/OF HIREKADLUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
…APPELLANT
(BY SRI. JANARDHANA G., ADVOCATE)
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
AND :
BOTH ARE R/OF HIREKADALUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
…RESPONDENTS
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO. 211/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN OS NO. 277/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE JMFC HASSAN.
IN RSA No.191 OF 2015
BETWEEN :
SMT. RANGAMMA W/O MARUGEGOWDA AGED ABOUT 70 YEARS R/OF HIREKADLUR VILLAGE,
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
DUDDA HOBLI
HASSAN TALUK-573201.
…APPELLANT
(BY SRI. JANARDHANA G., ADVOCATE)
AND :
BOTH ARE R/OF HIREKADALUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
…RESPONDENTS
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO. 212/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN OS NO. 266/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE JMFC HASSAN.
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
IN RSA No.192 OF 2015
BETWEEN :
SMT. SANNAMMA W/O RANGEGOWDA AGED ABOUT 62 YEARS R/OF HIREKADLUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201.
…APPELLANT
(BY SRI. JANARDHANA G., ADVOCATE)
AND :
BOTH ARE R/OF HIREKADALUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
…RESPONDENTS
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO. 213/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN OS
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
NO. 268/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE JMFC HASSAN.
IN RSA No.193 OF 2015 BETWEEN :
SMT. NINGAMMA W/O THIMMEGOWDA AGED ABOUT 62 YEARS R/OF HIREKADLUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201.
…APPELLANT
(BY SRI. JANARDHANA G., ADVOCATE)
AND :
BOTH ARE R/OF HIREKADALUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
…RESPONDENTS
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO. 214/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN OS NO. 269/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE JMFC HASSAN.
IN RSA No.194 OF 2015 BETWEEN :
SMT. HEMAVATHI W/O JAVAREGOWDA AGED ABOUT 49 YEARS R/OF HIREKADLUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201.
…APPELLANT
(BY SRI. JANARDHANA G., ADVOCATE)
AND :
BOTH ARE R/OF HIREKADALUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
…RESPONDENTS
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO. 215/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN OS NO. 264/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE JMFC HASSAN.
IN RSA No.195 OF 2015
BETWEEN :
SMT. MAMATHA W/O MANJEGOWDA AGED ABOUT 40 YEARS R/O HIREKADLUR VILLAGE DUDDA HOBLI HASSAN TALUK – 573 201.
…APPELLANT
(BY SRI. JANARDHANA G., ADVOCATE)
AND :
BOTH ARE R/OF HIREKADALUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
GANDASI CONSTITUENCY HASSAN DISTRICT REP. BY ITS SECRETARY
…RESPONDENTS
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO.97/2014 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 08.04.2014 PASSED IN OS NO. 265/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE JMFC HASSAN.
IN RSA No.196 OF 2015
BETWEEN :
SMT. NANJAMMA W/O MANJEGOWDA AGED ABOUT 58 YEARS R/O HIREKADLUR VILLAGE DUDDA HOBLI HASSAN TALUK – 573 201.
…APPELLANT
(BY SRI. JANARDHANA G., ADVOCATE)
AND :
BOTH ARE R/O HIREKADALUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
NC: 2023:KHC:35671 RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
…RESPONDENTS
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO.98/2014 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 08.04.2014 PASSED IN OS NO. 367/2009 ON THE FILE OF THE II ADDL. CIVIL JUDGE JMFC HASSAN.
IN RSA No.267 OF 2015 BETWEEN :
SMT. YESHODAMMA W/O HANUMANTHEGOWDA AGED ABOUT 53 YEARS R/O HIREKADLUR VILLAGE DUDDA HOBLI HASSAN TALUK – 573 201.
…APPELLANT
(BY SRI. JANARDHANA G., ADVOCATE)
AND :
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
BOTH ARE R/O HIREKADALUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
…RESPONDENTS
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO.208/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN OS NO.278/2009 ON THE FILE OF THE II ADDL. CIVIL JUDGE JMFC HASSAN.
IN RSA No.269 OF 2015 BETWEEN :
SMT. PARVATHAMMA W/O MURUGEGOWDA AGED ABOUT 50 YEARS R/O HIREKADLUR VILLAGE DUDDA HOBLI HASSAN TALUK – 573 201.
…APPELLANT
(BY SRI. JANARDHANA G., ADVOCATE)
AND :
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
BOTH ARE R/O HIREKADALUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
…RESPONDENTS
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO.216/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN OS NO.262/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE JMFC HASSAN.
IN RSA No.270 OF 2015
BETWEEN :
SMT. SUMITHRA W/O SOMASEKHAR AGED ABOUT 46 YEARS R/O HIREKADLUR VILLAGE DUDDA HOBLI HASSAN TALUK – 573 201. (BY SRI. JANARDHANA G., ADVOCATE)
…APPELLANT
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
AND :
BOTH ARE R/O HIREKADALUR VILLAGE, DUDDA HOBLI HASSAN TALUK-573201
…RESPONDENTS
(BY SRI. S. GANESH SHENOY, ADVOCATE FOR R1 AND R2 SRI. MAHANTESH SHETTAR, AGA FOR R3)
THIS APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2014 PASSED IN RA NO.217/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN OS NO.261/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE JMFC HASSAN.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
JUDGMENT
Dr. Yashavanth K. L., Executive Officer, Taluk
Panchayat, Hassan, is present before the Court and filed a memo along with documents. He submitted that respondent No.3 – 'The Ashraya Committee' constituted by
the Government for allotment of sites, had passed a resolution dated 05.10.2015, wherein the 'Hakku Patras' issued in favour of the plaintiffs have been cancelled. In view of the same, learned counsel for the appellants filed memos to withdraw the appeals with liberty to challenge
the aforesaid resolution.
withdrawn, with the aforesaid liberty.
not to precipitate the matter for a period of one moth from today.
NC: 2023:KHC:35671
RSA NOS. 268 OF 2015 C/W 188/2015, 189/2015, 190/2015, 191/2015, 192/2015, 193/2015, 194/2015, 195/2015, 196/2015, 267/2015, 269/2015 AND 270/2015
I.As., if any, do not survive for consideration and are
accordingly disposed of.
Sd/JUDGE
RD
SMT. MAMATHA
SRI. RAJEGOWDA
SRI. THIMMEGOWDA
THE ASHRAYA COMMITTEE
SMT. GOWRAMMA
SMT. VEENA
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
