Disposed

Sri.M.Koteshwara Reddy v. the State of Karnataka

Karnataka HC9 Feb 2023WP/14776/2018

Case brief

AI extract

What is this about?

Petitioners filed a writ to quash orders invalidating their sale deeds and restoring land to the legal representatives of the original grantee. The court found that the parties, including the legal representatives, had amicably settled the dispute by executing a memorandum of understanding and confirming the sale deeds. Consequently, the court disposed of the writ petition based on this settlement

What did the court decide?

The writ petition was disposed of on terms of the joint memorandum of understanding executed by the parties resolving the dispute.

Sri.M.Koteshwara Reddy Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2023)

¶1

¶2

WP No. 14776 of 2018

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF FEBRUARY, 2023 BEFORE

¶4

THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 14776 OF 2018 (SC-ST)

¶5

BETWEEN:

¶6

SRI M.KOTESHWARA REDDY S/O.SRI NAGI REDDY AGED ABOUT 43 YEARS RESIDING AT NO.210, 1^ST MAIN 2^ND CROSS, CHENNAPPA LAYOUT FCI GODOWN VIJINAPURA BENGALURU – 560 016

¶7

SMT.KRISHNAVENI M. W/O.SRI GANDHI NAIDU AGED ABOUT 43 YEARS R/AT NO.861, 1^ST CROSS RAMASWAMY REDDY LAYOUT OPP:ITI LAYOUT, VIJANAPURA DOORVANI NAGAR POST BENGALURU – 560 016

¶8

Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

¶9

SMT.SUJATHA W/O.SRI THIRUPATHI AGED ABOUT 41 YEARS R/AT NO.861, 1^ST CROSS RAMASWAMY REDDY LAYOUT OPP:ITI LAYOUT, VIJANAPURA DOORVANI NAGAR POST BENGALURU – 560 016

¶10

SMT.BHARATHI R. W/O.SRI RAMANNA REDDY AGED ABOUT 35 YEARS R/AT NO.128, 5^TH CROSS OPP:FCI GODOWN ROAD

¶11

¶12

WP No. 14776 of 2018

¶13

VIJINAPURA DOORVANI NAGAR POST

¶14

BENGALURU – 560 016

¶15

SRI BRAHMESHWARA REDDY S/O.D.NAGI REDDY AGED ABOUT 45 YEARS R/AT NO.91, 4^TH CROSS OPP:FCI GODOWN ROAD VIJINAPURA DOORVANI NAGAR POST BENGALURU – 560 016

¶16

SRI P.MALAKONDA REDDY S/O.SRI OKKI REDDY AGED ABOUT 50 YEARS R/AT BYAGAWATA VILLAGE AND POST MANAVI TALUK RAICHUR DISTRICT – 584 123

¶17

SMT.G.RAJYAM W/O.SRI GORINTALA VENKATESHWARALU AGED ABOUT 39 YEARS R/AT NO.861, 1^ST CROSS RMASWAMY REDDY LAYOUT OPP:ITI LAYOUT, VIJINAPURA DOORVANI NAGAR POST BENGALURU – 560 016

¶18

SRI MOOLE RATTAIAH S/O.VENKATASWAMY AGED ABOUT 64 YEARS R/AT NO.3-6 BOMMIREDDY PALLI VILLAGE GUNDLAPALEM STREET KANNAGIRI MANDALAM PRAKASHAM DISTRICT – 518 216 ANDHRA PRADESH

¶19

SRI SHIVARAMA REDDY S/O.CHINNABBAIAH AGED ABOUT 37 YEARS R/AT NO.845, VIJINAPURA BHUVANESHWARI NAGAR

¶20

¶21

WP No. 14776 of 2018

¶22

DOORVANI NAGAR POST BENGALURU – 560 016

¶23

SRI LEKKALA BHASKARA REDDY S/O.SRI NARASIMHA REDDY AGED ABOUT 41 YEARS R/AT PEDA IRLAPADU VILLAGE PEDACHERLOPALLE MANDALAM PRAKASHAM DISTRICT – 523 117 ANDHRA PRADESH

¶24

SRI GUJJULA VARADAIAH S/O.RAMANAIAH AGED ABOUT 34 YEARS PEDACHERLOPALLE MANDALAM PRAKASHAM DISTRICT – 523 117 ANDHRA PRADESH

¶25

SRI SRIKANTH REDDY S/O.SRI BALARAM REDDY AGED ABOUT 43 YEARS R/AT 182, VIJINAPURA DOORVANI NAGAR POST BENGALURU – 560 016

¶26

SRI SUBBA REDDY B. S/O.VENKATESHWARA REDDY AGED ABOUT 38 YEARS R/AT NR LAYOUT, 3^RD CROSS VIJINAPURA, DOORVANI NAGAR POST

¶27

SRI M.SRINIVAS S/O.M.KOTAIAH AGED ABOUT 45 YEARS R/AT NO.91, OPP:FCI GODOWN NEAR FIELD MARSHAL SCHOOL CHINNAPPA COLONY DOORVANI NAGAR BENGALURU – 560 016

¶28

¶29

WP No. 14776 of 2018

¶30

SRI VENNAPASA SUBBA REDDY S/O.SRI PITCHIREDDY AGED ABOUT 59 YEARS R/AT NO.8-94 RAMACHANDRAPURA VILLAGE VOLETRAVARIPALEM MANDALAM PRAKASHAM DISTRICT ANDHRA PRADESH – 523 116

¶31

SMT. J. ROSE MARRY W/O.LATE C.NELSON AGED ABOUT 64 YEARS R/AT NO.51, 4^TH CROSS M.K.PALYA , FRAZER TOWN BENGALURU – 560 016

¶32

SRI K.SRINIVASA REDDY S/O.SRI OBLA REDDY AGED ABOUT 41 YEARS R/AT NO.141, 4^TH CROSS OPP:FCI GODOWN, VIJINAPURA DOORVANI NAGAR BENGALURU – 560 016

¶33

SRI SHASHI KUMAR S/O.SRI S.SAMPATH AGED ABOUT 25 YEARS

¶34

SRI S.BALACHANDRAN S/O.SRI S.SAMAPATH AGED ABOUT 22 YEARS

¶35

P-18 & P-19 ARE RESIDING AT NO.31/16 12^TH MAIN, 5^TH CROSS VIJAYANAGAR BENGALURU – 560 040

¶36

SRI R.VENKAIAH S/O.LATE LAKSHMAIAH AGED ABOUT 42 YEARS R/AT NO.861, 1^ST A CROSS

¶37

¶38

WP No. 14776 of 2018

¶39

RAMASWAMY REDDY LAYOUT OPP:ITI LAYOUT, VIJINAPURA DOORVANI NAGAR POST BENGALURU – 560 016

¶40

SMT.SOUJANYA M. W/O.SRI RAMACHANDRAN NAIDU AGED ABOUT 24 YEARS R/AT NO.861, 1^ST A CROSS, RAMASWAMY REDDY LAYOUT OPP:ITI LAYOUT, VIJINAPURA DOORVANI NAGAR POST BENGALURU – 560 016

¶41

MRS. SHRULEEN FRNACIS W/O.J.FRANCIS AGED ABOUT 35 YEARS R/AT NO.59, STEPHENWS ROAD FRAZER TOWN BENGALURU – 560 005

¶42

…PETITIONERS

¶43

(BY SRI B.N.TULSI KUMAR, ADVOCATE)

¶44

AND:

¶45

THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING DR.AMBEDKAR VEEDHI BENGALURU 560 001

¶46

THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT K.G.ROAD, BENGALURU 560 001

¶47

THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION BENGALURU 560 001

¶48

¶49

WP No. 14776 of 2018

¶50

THE TAHASILDAR HOSAKOTE TALUK HOSAKOTE

¶51

BENGALURU RURAL DISTRICT 562 114

¶52

SRI MUNISHAMAPPA S/O.LATE KRISHNAPPA AGED ABOUT 43 YEARS

¶53

SMT.SUNANDA W/O.LATE VEERBHADRAPPA AGED ABOUT 36 YEARS

¶54

SRI DHANUSH S/O.LATE VEERBHADRAPPA AGED ABOUT 23 YEARS

¶55

KUM.KRUTHIKA D/O.LATE VEERBHADRAPPA AGED ABOUT 14 YEARS SINCE MINOR, REP. BY HER NATURAL GUARDIAN, HER MOTHER-R-6

¶56

(amended as per Court Order dated 22.07.2019)

¶57

SRI NAGARAJA S/O.LATE KRISHNAPPA AGED ABOUT 34 YEARS

¶58

R-5 TO R-9 ARE RESIDING AT RAMAPURA VILLAGE VIRGO NAGAR POST BIDARAHALLI HOBLI BENGALURU EAST TALUK-560 049

¶59

SRI MUNIBYREGOWDA B.R. S/O.RAMAIAH R.D. R/AT BIDARAHALLI VILLAGE BENGALURU EAST TALUK 560 049

¶60

¶61

WP No. 14776 of 2018

¶62

SRI K.NARAYANSWAMY S/O.KARPANNA SMT CHANNAMMA AGED ABOUT 65 YEARS KATTIGEHALLI VILLAGE JALA HOBLI BENGALURU NORTH (ADDL) TALUK-562 157

¶63

SRI K.NAGARAJ S/O.KARPANNA SMT.CHANNAMMA AGED ABOUT 50 YEARS R/AT NO.57, VASANTHAPPA GARDEN DHOOPANAHALLI , HAL II STAGE BENGALURU 560 008

¶64

SMT.K.SAROJAMMA W/O.K.NAGARAJ AGED ABOUT 50 YEARS R/AT NO.57, VASANTHAPPA GARDEN DHOOPANAHALLI , HAL II STAGE BENGALURU 560 008

¶65

SRI K.MUNIRAJU S/O.KARPANNA SMT.CHANNAMMA KODIHALLI KAVERAMMA TEMPLE ROAD JEEVAN BHEEMA NAGAR VARTHUR HOBLI BENGALURU 560 075

¶66

…RESPONDENTS

¶67

(BY SRI VENKAT SATYANARAYAN, HCGP FOR R1 TO R4; SRI M.I. KHTIB, ADVOCATE FOR R5 TO R9; R-8 MINOR, REP. BY NATURAL GUARDIAN R6 VIDE ORDER DATED 22.07.2019; NOTICE TO R10, R11 & R14 IS DISPENSED WITH VIDE ORDER DATED 14.02.2019; R12 & R13 ARE SERVED)

¶68

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDAI PRAYING TO QUASH THE ORDERS DATED 30.01.2015 AND 16.01.2018 PASSED IN K.SC.ST.61/2012-13 AND SC.ST(A) 100/2016-17 BY THE 3^RD AND 2^ND RESPONDENT VIDE ANNEXURES-B AND A

¶69

¶70

WP No. 14776 of 2018

¶71

RESPECTIVELY, INVALIDATING THE SALE DATEDS 26.12.1990 AND 26.11.2009 AND DIRECTING THE RESTORATION OF LAND TO THE LEGAL REPRESENTATIVES OF THE ORIGINAL GRANTEE AND ETC.

¶72

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

¶73

ORDER

¶74

This writ petition is preferred by the purchasers seeking a writ of certiorari to quash the orders dated 30.01.2015 and 16.01.2018 passed by third and second respondents in case Nos.K.SC.ST.61/2012-13 and SC.ST(A) 100/2016-17 respectively, invalidating the sale deeds dated 26.12.1990 and 26.11.2009 and restoring the land to the legal representatives of the original grantee.

¶75

During the pendency of these proceedings, the parties namely, the purchasers and the legal representatives of the original grantee i.e. the petitioners as well as respondent Nos.5 to 9 have amicably settled their dispute and have executed a joint memo to resolve their dispute. The joint memo reads as under:

¶76

“a) The petitioners has filed the writ petition being aggrieved by the order dated 30-12015 and 16-1-2018 passed in

¶77

¶78

WP No. 14776 of 2018

¶79

KSCST.61/2012-13 and SCST(A) 100/201617 by the 2^nd and 3^rd respondents in passing the order or restoration of land in favour of owners, the respondents herein at sl.no.5 to 14.

¶80

b) Sri.Krishnappa S/o Sri.Savarappa was the grantee of land measuring 4 acres including 07 guntas of kharab land situated at Bidarahalli village, Bangalore. Sri.Munibyregowda had purchased an extent of 2 acres 22 guntas in the said survey number from Sri.Krishnappa an sold the sites carved out of the said land by Sri.Muniyregowda. The petitioners are the bonfide purchasers.

¶81

c) Further the petitioners were unaware of the proceedings before the Assistant Commissioner and Deputy Commissioner and came to know about the proceedings in the year 2018 and filed the present petition and this Hon’ble court was pleased to grant an interim order.

¶82

d) Subsequently the petitioners have settled the matter with the grantees, resulting in execution of MOU. As such the grantees have disclaimed their rights and are placing

¶83

10 -

¶84

WP No. 14776 of 2018

¶85

the MOU between the parties before this Hon’ble court.

¶86

e) It is submitted that, both the parties have entered into a memorandum of agreement dated 15-12-2022, the respondent no.5 to 9 have executed the confirmation dated confirming the sale deeds in favour of the petitioners. The copy of the MOU is produced as Annexure-A.”

¶87

Along with the joint memo, the memorandum of understanding has been annexed, which is executed between the parties, wherein at para-3, it reflects that some consideration is received by the second party therein, who are none other than respondent Nos.5 to 9/legal representatives of the original grantee, who are present before this Court today. On enquiry, respondent Nos.5, 6, 7 and 9 submit that they have received in all a sum of Rs.83,60,000/- (Rupees Eighty Three Lakhs Sixty Thousand Only) from the petitioners and apportioned the same into their account, which is received by way of Demand Draft and Cheque.

¶88

The memorandum of understanding having been executed, is admitted to by petitioners as well as respondent

¶89

11 -

¶90

WP No. 14776 of 2018

¶91

Nos.5 to 9 who are present before the Court physically. They submit that they have affixed their signature on the joint memo voluntarily without any force, threat or coercion. Learned counsel for respective parties have identified the parties present before Court.

¶92

Placing the submissions of learned counsel for parties on record, the present writ petition is disposed of in terms of the joint memo filed by the parties.

¶93

SdJUDGE

¶94

LB List No.: 1 Sl No.: 49

Sri.M.Koteshwara Reddy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri.M.Koteshwara Reddy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt Sushma Mallesh Vs Sri. Ekantheshwara

Shri Byraweshwara Educational and Development Foundation (R) Vs State of Karnataka

Smt K P Bhanushaa Vs Sri J Pradeep

Lrs of Wahid Baig Vs Sri Chamaraju

Smt. S Sandya Vs Sri Raghavendra C

Thimmakka Vs D. Manjunatha