Mysore Bench disposed of the writ petition seeking quashing of appeal proceedings in a land transfer case.
The petition stands disposed of without granting any relief.
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 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14225 OF 2024 (SCST)
BETWEEN:
ALL ARE RESIDING AT MOGRAHALLI, BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438.
…PETITIONERS
Digitally signed by NARAYANAPPA LAKSHMAMMA
Location: HIGH COURT OF KARNATAKA
(BY SRI. CHANDRASHEKAR P.V, ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE PROCEEDINGS IN PTCL APPEAL NO. 5/24 AT ANNEXURE-G ON THE FILE OF R2 FILED BY THE R6 AND 7 AND THE NOTICE DATED 18/04/2024 IN PTCL NO. 5/24 AT ANNEXURE-H ISSUED BY THE R2 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Transfer of Certain Lands) Act, 1978, the application came to be allowed by the Assistant Commissioner. The purchaser had filed an appeal before the Deputy Commissioner in the interregnum. The purchaser, respondent No.5 sold it to a third party namely respondent Nos.6 and 7. In the appeal filed by respondent No.5, respondent Nos.6 and 7 had filed an impleading application, which came to be dismissed and thereafter, respondent Nos.6 and 7 have filed a fresh appeal before the Assistant Commissioner on which notice has been issued to the petitioners. His submissions is that the second appeal is not maintainable and as such, this Court ought not to intercede in the matter and quash those proceedings.
NC: 2024:KHC:19901 WP No. 14225 of 2024
procedure is not being followed unless there is some emergent situation which can be made out.
Sd/JUDGE
GJM List No.: 1 Sl No.: 44 CT: BHK
2 issues framed by the court
Whether the High Court should quash the second appeal proceedings filed by the purchasers without an emergent situation.
Whether preliminary objections regarding the locus standi of the appeal must be decided by the subordinate court first.
2 provisions across 2 enactments
SRI. SHANKAR G
SRI. SANTHOSH S
SRI. SHARAVANA L
STATE OF KARNATAKA
DEPUTY COMMISSIONER, MYSORE DISTRICT
SMT. RAJI V RAMAN
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SURAJ GOVINDARAJ
Parties & counsel
