-1-

NC: 2025:KHC:8415
WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF FEBRUARY, 2025

BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 12913 OF 2020 (KLR-RES)
C/W
WRIT PETITION NO. 19427 OF 2021 (KLR-RR/SUR)
WRIT PETITION NO. 18844 OF 2022 (KLR-RES)
WRIT PETITION NO. 20830 OF 2022 (KLR-RES)
WRIT PETITION NO. 9147 OF 2023 (KLR-RES)
WRIT PETITION NO. 11274 OF 2024 (GM-RES)

IN WP No. 12913/2020

BETWEEN:

K N VASANTH
S/O LATE K K NEELAKANTAPPA
AGED ABOUT 61 YEARS,
Digitally signed
by JUANITA R/O KODLIPET -571 231
THEJESWINI KODAGU
Location: HIGH …PETITIONER
COURT OF
KARNATAKA (SRI. I.THARANATH POOJARY., SR. COUNSEL FOR
SRI. SHANMUKHAPPA., ADVOCATE)

AND:

1. STATE OF KARNATAKA
REPRESENTED BY ITS TAHSILDAR
BANGALORE NORTH TALUK
KANDAYA BHAVAN
BANGALORE -560002
 -2-
NC: 2025:KHC:8415
WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

2. SPECIAL DEPUTY COMMISSIONER

BANGALORE NORTH SUB DIVISION
KANDAYA BHAVAN
BANGALORE -560002

3. SRI R LAKSHMANA
S/O LATE RAMEGOWDA
AGED ABOUT 75 YEARS,
R/O NO.123/1 SHIVAGRAHA
APARTMENTS NO.A-1 2ND CROSS
A MAIN ROAD NETAJI ROAD,
THYAGARAJNAGAR 4TH BLOCK
BANGALORE-560028

4. SRI M BABU
S/O MUNIRANGAPPA
R/O NO.51 2ND CROSS
KANAKANAPALYA II BLOCK
JAYANAGAR, BANGALORE-560011

5. SRI V S KRISHNA
S/O SUBBARAYA MAJOR
R/O NO.253 10TH CROSS
KORAMANGALA, BANGALORE-560034

6. SRI S K MURALIMARAN
S/O V S KRISHNA MAJOR
R/O NO.253 10TH CROSS
KORAMANGALA, BANGALORE-560034

7. SMT YASHODA
W/O LATE S V VENKATARAMA
R/O NO.49, 26TH B MAIN ROAD,
PUTAYAPALYA, JAYANAGAR 9TH LAYOUT
 -3-
NC: 2025:KHC:8415
WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

BENGALURU-560069

8. SRI S V VASUDEV
S/O LATE S V VENKATARAMA
R/O NO.49, 26TH B MAIN ROAD,
PUTAYAPALYA, JAYANAGAR 9TH LAYOUT
BENGALURU-560069

9. SRI S V LAKSHAMNA DEV

S/O LATE S V VENKATARAMA
R/O NO.49, 26TH B MAIN ROAD,
PUTAYAPALYA, JAYANAGAR 9TH LAYOUT
BENGALURU-560069

10. SRI S V PRABHUDEV

S/O S V VENKATARAM
R/O NO.49, 26TH B MAIN ROAD,
PUTAYAPALYA, JAYANAGAR 9TH LAYOUT
BENGALURU-560069

11. SMT S V MAMATHA

D/O LATE S V VENKATARAM
R/O NO.49, 26TH B MAIN ROAD,
PUTAYAPALYA, JAYANAGAR 9TH LAYOUT
BENGALURU-560069

12. SRI GOWDARA MAHALINGAPPA

S/O LATE GOWDARA JAYADEVAPPA
R/O CHOWKIPET
DAVANAGERE -577 001

13. SDS TUBERCULOSIS RESEARCH CENTRE

AND RAJIV GANDHI INSTITUTE OF CHEST
DISEASES GOVERNMENT OF KARNATAKA
HOSUR ROAD BANGALORE-560030
 -4-
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WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

REPRESENTED BY ITS DIRECTOR

14. SRI MANOHAR CHANDRASHEKHAR

S/O LATE C PUTTASWMY
R/AT NO.14TH MAIN, B.S.K. II STAGE
BENGALURU-560070

15. SMT LALITHA RAMAPPA

W/O K S RAMAPPA
R/AT NO.148 7TH MAIN
4TH CROSS J P NAGAR 3RD PHASE
BENGALURU-560078

16. SMT UMA SHIVALINGAIAH

W/O SHIVALIGNAIAH
R/AT NO.524F, 8TH CROSS
7TH BLOCK WEST JAYANAGAR
BENGALURU-560082

17. SMT VIJAYALAKSHMI BALAKRISHNA

W/O BALAKRISHNA
R/AT NO.316 25TH CROSS
9TH MAIN B.S.K. II STAGE
BENGALURU-560070

18. SMT INDIRA GOWDA

W/O A T GOWDA
R/AT NO.2592 8TH MAIN ROAD,
BEHIND SARASWATHI HOSPITAL
B.S.K. II STAGE
BENGALURU-560070

19. SRI V CHETAN

S/O P VENUGOPAL
R/AT NO.451 6HT CROSS
 -5-
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WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

7TH BLOCK (WEST)

7TH BLOCK (WEST) JAYANAGAR
BENGALURU-560027

20. SMT ANITA

W/O PRASHANTH PRAKASH
R/AT NO.110/8 KRISHNAPPA LAYOUT
LALBAGH ROAD CROSS
BENGALURU-560027

21. BRUHAT BENGALURU MAHANAGARA PALIKE

PALIKE N R SQUARE BANGALORE-560002
REPRESENTED BY ITS COMMISSIONER

22. CHIEF ENGINEER (SOUTH)

SOUTH RANGE OFFICE COMPLEX
9TH CROSS 9TH MAIN II BLOCK
JAYANAGAR BANGALORE-56011
…RESPONDENTS
(BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 & R2
SRI. KALYAN R., ADVOCATE FOR R3
SRI. HEMACHANDRA & SRI.M.YADAV MURTHY.,
ADVOCATES FOR R7 TO R11
SRI. M.MUNIRAJU., ADVCOATE FOR R12
SMT.SUMANA BALIGA M., AVOCATE FOR R13
SRI. ARAVIND M. NEGLUR., ADVOCATE FOR R21 & R22
SRI. A RAVISHANKAR., ADVOCATE FOR R23
SRI. KUMARA & RAVI C.S., ADVOCATE R24 & R25
R12, R14, R17 – R20 SERVED – UNREPRESENTED
R15 DELETED, R16 ABATED)

THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 12.06.2020 PASSED BY THE R-2
IN CASE VIDE ANNEXURE-A AND GRANT AN INTERIM
ORDER OF STAY STAYING THE EFFECT AND OPERATION OF
THE IMPUGNED ORDER DATED 12.06.2020 PASSED BY THE
 -6-
NC: 2025:KHC:8415
WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

R-2 IN CASE VIDE ANNEXURE-A AND ALL FURTHER

PROCEEDINGS PURSUANT THERETO, PENDING DISPOSAL
OF THE ABOVE WRIT PETITIONS AND ETC.

IN WP NO. 19427/2021

BETWEEN:

SRI R LAKSHMANA
S/O LATE SHRI RAMEGOWDA
AGED ABOUT 75 YEARS
R/AT # 123/1, SHIVAGRAHA APARTMENTS
A-1 2ND CROSS A MAIN ROAD
NETAJI ROAD, THYAGARAJANAGAR
4TH BLOCK, BENGALURU - 560028
...PETITIONER
(BY SRI. KALYAN R., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

DEPARTMENT OF REVENUE
VIKAS SOUDHA - 560001
REPRESENTED BY ITS SECRETARY

2. THE SPECIAL DEPUTY COMMISSIONER

BENGALURU NORTH SUB DIVISION
KANDAYA BHAVANA
BENGALURU - 560009

3. K N VASANTH
S/O LATE SHRI K K NEELAKANTAPPA
AGED ABOUT 61 YEARS
KODLIPET - 571231 KODAGU.

4. SHRI M BABU
 -7-
NC: 2025:KHC:8415
WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

S/O MUNIRANGAPPA
R/O NO 51, 2ND CROSS
KANAKANAPALYA II BLOCK
JAYANAGAR, BENGALURU - 560011

5. SHRI V S KRISHNA
S/O SHRI SUBBARAYA
R/AT NO 253 10TH CROSS
KORAMANGALA
BENGALURU - 560034

6. SHRI S K MURALIMARAN
S/O SHRI V S KRISHNA
R/AT NO 253, 10TH CROSS
KORAMANGALA, BENGALURU - 560034.

7. SMT YASHODA
W/O LATE SHRI S V VENKATARAMA

8. SHRI. S.V. VASUDEV

S/O LATE SHRI S V VENKATARAMA

9. SHRI S V LAKSHMANA DEV

S/O LATE SHRI S V VENKATARAMA

10. SHRI S V PRABHUDEV

S/O LATE SHRI S V VENKATARAMA

11. SMT S V MAMATHA

D/O LATE SHRI S V VENKATARAM
NO.7 TO 11 R/O NO 49
26TH B MAIN ROAD, PUTTAYYANAPALYA
JAYANAGAR 9TH LAYOUT
BENGALURU - 560069
 -8-
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WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

12. SHRI GOWDARA MAHALINGAPPA

S/O LATE SHRI GOWDARA JAYADEVAPPA
R/AT CHOWKIPET
DAVANGERE – 577001

13. SDS TUBERCULOSIS RESEARCH CENTRE

AND RAJIV GANDHI INSTITUTE OF
CHEST DISEASES
GOVERNMENT OF KARNATAKA
HOSUR ROAD, BENGALURU - 560030
REPRESENTED BY ITS DIRECTOR
14. SRI MANOHAR CHANDRASEKHAR
S/O LATE C PUTTASWAMY
R/AT NO 14TH MAIN, BSK II STAGE
BENGALURU - 560070

15. SMT LALITHA RAMAPPA

W/O SHRI K S RAMAPPA
R/AT NO 148, 7TH MAIN
4TH CROSS J P NAGAR 3RD PHASE
BENGALURU - 560078
RESPONDENT NO.15 DELETED AS PER
COURT ORDER DT.14/3/2023

16. SMT UMA SHIVALINGAIAH

W/O SHRI SHIVALINGAIAH
R/A NO 524 F 8TH CROSS 7TH BLOCK
WEST JAYANAGARA,
BENGALURU - 560082

17. SMT VIJAYALAKSHMI BALAKRISHNA

W/O SHRI BALAKRISHNA
R/AT NO 316, 25TH CROSS 9TH MAIN
BSK II STAGE, BENGALURU-560070
 -9-
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WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

18. SMT INDIRA GOWDA

W/O SHRI A T GOWDA
R/AT NO 2592 8TH MAIN
ROAD BEHIND SARASWATHI HOSPITAL
BSK II STAGE, BENGALURU - 560070

19. SRI V CHETAN

S/O SHRI P VENUGOPAL
R/AT NO 451 6TH CROSS 7TH BLOCK WEST
7TH T BLOCK WEST JAYANAGAR
BENGALURU - 560027
20. SMT AMITA
W/O SHRI PRASHANTH PRAKASH
R/AT NO 110/8 KRISHNAPPA LAYOUT
LALABAGH ROAD CROSS
BENGALURU - 560027

21. BRUHAT BENGALURU MAHANAGARA PALIKE

N R SQUARE, BENGALURU – 560002

22. THE CHIEF ENGINEER (SOUTH)

DEPARTMENT OF BBMP
SOUTH RANGE OFFICE COMPLEX
9TH CROSS 9TH MAIN II BLOCK
JAYANAGAR, BENGALURU -560011
...RESPONDENTS

(BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 & R2

SRI. I.THARANATH POOJARY., SR. COUNSEL FOR
SRI.SHANMUKHAPPA., ADVOCATE FOR R3
SRI. HEMACHANDRA & SRI.M.YADAV MURTHY.,
ADVOCATES FOR R7 TO R11
SRI. M.MUNIRAJU., ADVCOATE FOR R12
SMT.SUMANA BALIGA M., AVOCATE FOR R13
SRI. SRINIVAS M KULKARNI., ADVOCATE FOR
R17 TO R18
SRI. S.N.PRASHANTH CHANDRA., ADVOCATE
 - 10 -
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WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

FOR R21 & R22

R7, R8, R10, R11-R13, R19, R20 SERVED –
UNREPRESENTED
R14 HELD SUFFICIENT
R4 TO R6 & R15 DELETED, R7 & R16 ABATED)

THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 12.06.2020 IN CASE PASSED BY
THE R2 HEREIN AS PER ANNEXURE-A TO THE WRIT
PETITION SO FAR AS PETITIONER IS CONCERNEDDIRECT
THE R2 TO 4 TO ENTER THE NAME OF THE PETITIONER IN
ALL THE REVENUE RECORDS IN RESPECT OF THE
SCHEDULE PROPERTY.

IN WP NO. 18844/2022

BETWEEN:

SHRI. K. N. VASANTH
S/O SHRI. K.K. NEELAKANTAPPA
AGED ABOUT 65 YEARS
R/AT KODIPET 571231, KODAGU.
...PETITIONER
(BY SRI.I.THARANATH POOJARY., SR. COUNSEL FOR
SRI. SHANMUKHAPPA., ADVOCATE)
AND:

1. THE STATE OF KARNATAKA

BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT
GOVERNMENT OF KARNATAKA
5TH FLOOR M.S. BUILDING
BENGALURU 560 001

2. THE JOINT DIRECTOR OF LAND RECORDS

CITY SURVEY, SOUTH ZONE
K.R. CIRCLE, BENGALURU 560001.
 - 11 -
NC: 2025:KHC:8415
WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

3. THE ENQUIRY OFFICER

CITY SURVEY -3, K.R. CIRCLE
BENGALURU 560 001.

4. THE ASSISTANT DIRECTOR OF LAND RECORDS

CITY SURVEY -3, K.R. CIRCLE
BENGALURU 560 001

5. THE SUPERINTENDENT
S.D. S TUBERCULOSIS RESEARCH
CENTRE AND RAJIV GANDHI INSTITUTE
OF CHEST DISEASE, GOVERNMENT OF KARNTAKA
HOSUR ROAD, 1ST BLOCK, JAYANAGAR
BENGALURU 560 029
...RESPONDENTS

(BY SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1 TO R4

SMT. SUMANA BALIGA M., ADVOCATE FOR R5)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD.30.4.2005 BEARING NO.E.O.CTS.3.MV.3/2004-05
PASSED BY THE R-3 IN RESPECT OF PROPERTY BEARING
C.T.C. NO.813/1 AND 813/2 COMPRISED IN P.T. SHEET
NO.535 L.A. NO.34 1ST BLOCK JAYANAGARA BENGALURU
(LALBHAGH SIDDAPURA) PRODUCED AT ANNEXURE-R AND
ETC.

IN WP NO. 20830/2022

BETWEEN:

SDS TUBERCULOSIS RESEARCH CENTRE AND

RAJIV GANDHI INSTITUTE OF CHEST DISEASES,
AN AUTONOMOUS INSTITUTION OF
GOVERNMENT OF KARNATAKA
HOSUR ROAD, BENGALURU - 560029
 - 12 -
NC: 2025:KHC:8415
WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

REP BY ITS DIRECTOR

...PETITIONER
(BY SMT. SUMANA BALIGA M., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

REP BY TAHSILDAR
BENGALURU NORTH TALUK
BENGALURU – 560001.

2. SRI K N VASANTH
S/O LATE SRI K K NEELAKANTAPPA
R/A KOODLIPET,
KODAGU DISTRICT-571231.

3. SRI R LAKSHMANA
S/O LATE RAMEGOWDA
R/A NO. 123/1 SHIVAGRAHA APARTMENT
NETAJI ROAD, THYAGARAJANAGAR
4TH BLOCK, BENGALURU-560047.

BY GPA HOLDER
APASWAMY E
S/O YATHIYAN
R/A NO.101, KATALAMPATU VILLAGE
MAKLUR POST, THIRUVANMALAY TALUK
TAMILNADU.

4. SRI M BABU
S/O MUNIRANGAPPA
R/AT NO 51 2ND CROSS
KANAKANAPALYA, 2ND BLOCK
JAYANAGAR, BANGALORE-560011.
 - 13 -
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C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

5. SRI V S KRISHNA
S/O SUBBARAYAN
R/A NO 253, 10TH CROSS
KORAMANGALA, BANGALORE-560047

6. SRI S K MURALIMARAN
S/O V S KRISHNA
R/AT NO 253, 10TH CROSS
KORAMANGALA, BENGALURU-560047

7. SMT YASHODA
W/O S V VENKATARAM

8. SRI S V VASUDEV
S/O S V VENKATARAM

9. SRI S V LAKSHMANA DEV

S/O S V VENKATARAMU

10. SRI S V PRABHUDEV

S/O S V VENKATARAMU

11. SRI S V MAMATHA

D/O S V VENKATARAMU

RESPONDENTS NO.6 TO 10 ARE

R/AT NO 49, 26TH B MAIN ROAD
PUTTAYYAPALYA, JAYANAGAR 9TH LAYOUT
BENGALURU-560069.

12. SRI GOWDARA MAHALLGAPPA

S/O LATE GOWDAR JAYADEVAPPA
R/AT CHOKIPETE, DAVANGERE -577022
 - 14 -
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C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

13. SMT MANOHAR CHANDRASHEKAR

S/O LATE C PUTTASWAMY
R/AT 14TH MAIN B SK II STAGE
BENGALURU -560070

14. SMT. LALITHA RAMAPPA

W/O K.S. RAMAPPA
R/A NO.148, 7TH MAIN, 4TH CROSS,
J.P.NAGAR 3RD PHASE,
BENGALURU-560078.

15. SMT. UMA SHIVALINGAIAH

W/O SHIVALINGAIAH
R/A NO.524 F/8TH CROSS
7TH BLOCK WEST, JAYANAGARA
BENGALURU-560082.

16. SMT. VIJAYALAKSHMI BALAKRISHNA

W/O BALAKRISHNA
R/A 316, 25TH CROSS, 9TH MAIN
BSK II ATAGE,
BENGALURU-560070.

17. SMT. INDIRAGOWDA

W/O A.T.GOWDA
R/A NO.2592, 8TH MAIN ROAD
BEHIND SRASWAMTHI HOSPITAL
BSK II STAGE
BENGALURU-560070.

18. SRI. V. CHETHAN

S/O. P. VENUGOPAL
R/A NO.451, 6TH CROSS, 7TH BLOCK(WEST)
JAYANAGARA, BENGALURU-560027.
 - 15 -
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C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

19. SMT. V. AMITHA

W/O PRASHANTH PRAKASH
R/A NO.110/8, KRISHNAPPA LAYOUT
LALBAGH ROAD CROSS
BENGALURU - 560027
20. SMT PRAMILA KRISHNAPPA
REP. BY SRI ASHOK KRISHNAPPA
S/O LATE SRI M V KRISHNAPPA
R/A. NO 3364, 13TH CROSS 2ND MAIN ROAD
SHASTRINAGAR, THYAGARAJANAGAR POST
BENGALURU - 560029

21. SRI P VENUGOPAL

S/O LATE DR C PUTTASWAMY
R/A NO 451 6TH CROSS
7TH BLOCK WEST JAYANAGAR
BENGALURU -560070

22. BRUHAT BENGALURU MAHANAGARA PALIKE

CORPORATION CIRCLE, J C ROAD
BENGALURU - 560002

23. THE CHIEF ENGINEER SOUTH B.B.M.P

SOUTH RANGE OFFICE COMPLEX
9TH CROSS, 9TH MAIN
2ND BLOCK JAYANAGAR
BENGALURU -560001
...RESPONDENTS

(BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1

SRI. I.THARANATH POOJARY., SR. COUNSEL FOR
SRI. SHANMUKHAPPA., ADVOCATE FOR R2
SRI. KALYAN R., ADVOCATE FOR R3
SRI. S. HEMACHANDRA., ADVOCATE FOR R7 TO R11
SRI. R.S.RAVI., SR. COUNSEL FOR
SRI. M.V.CHANDRASHEKAR REDDY., ADVOCATE
FOR R13 TO R21
 - 16 -
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WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

SRI. K.N.PUTTEGOWDA., ADVOCATE FOR R22 & R23

R12 - H/S, R5 & R6 SERVED – UNREPRESENTED)

THIS WP IS FILED UNER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA PRAYING TO -QUASH THE
IMPUGNED ORDER DTD 24.09.2020 PASSED BY THE R2 -
SPECIAL DEPUTY COMMISSIONER, BENGALURU DISTRICT
IN CASE NO.RRT(2) CR 5591)/2000-01 AS PER ANNEXURE-
A AND GRANT AN INTERIM ORDER OF STAY, STAYING THE
EXECUTION AND OPERATION OF THE IMPUGNED ORDER
DTD 24.09.2020 IN CASE NO.RRT (2) CR 55 (1)/2000-01
AS PER ANNEXURE-A, ON THE FILE OF THE SPECIAL
DEPUTY COMMISSIONER, BENGALURU DISTRICT AND ETC.

IN WP NO. 9147/2023

BETWEEN:

SRI. K.N. VASANTH,

S/O K K NEELAKANTAPPA
AGED ABOUT 65 YEARS,
R/AT KODLIPET
KODAGU 571231
...PETITIONER
(BY SRI. I.THARANATH POOJARY., SR. COUNSEL FOR
SRI. SHANMUKHAPPA., ADVOCATE)

AND:

1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
GOVERNMENT OF KARNATAKA
5TH FLOOR, M S BUILDING,
BENGALURU 560001
 - 17 -
NC: 2025:KHC:8415
WP No. 12913 of 2020
C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

2. THE SPECIAL DEPUTY COMMISSIONER I

BENGALURU NORTH SUB DIVISION,
BENGALURU DISTRICT
BENGALURU 560002

3. THE STATE OF KARNATAKA

REPRESENTED BY THE TAHSILDAR
BENGALURU NORTH TALUK
BENGALURU 560002

4. SRI R LAKSHMAN
S/O LATE RAMEGOWDA
R/AT NO 123/1,
SHIVAGRAHA APARTMENT,
NETAJI ROAD, THYAGARAJANAGAR,
4TH BLOCK, BENGALURU 560028

BY GPA HOLDER
APPASWAMY E, S/O YATHIYAM
R/AT NO 101, KATALAMPATY VILLAGE,
MAKLUR POST, THIRUVANAMALAI TALUK,
TAMIL NADU

5. SRI M BABU
S/O MUNIRANGAPPA
R/AT NO 51, 2ND CROSS,
KANAKANAPALYA, 2ND BLOCK, JAYANAGAR
BENGALURU 560011

6. SRI V S KRISHNA
S/O SUBBARAYAN
R/AT NO 253, 10TH CROSS,
KORAMANGALA,
BENGALURU 560047
 - 18 -
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C/W WP No. 19427 of 2021
WP No. 18844 of 2022
AND 3 OTHERS

7. SRI S K MURALIMARAN
S/O V S KRISHNA
R/AT NO 253, 10TH CROSS,
KORAMANGALA, BENALURU 560047

8. SMT YASHODHA
W/O S V VENKATARAM,

9. SRI S V VASUDEFV
S/O VENKATARAMU,

10. SRI S V LAKSHMANA DEV

S/O VENKATARAMU,

11. SRI S V PRABHUDEV

S/O S V VENKATARAMU,

12. SMT S V MAMATHA

D/O S VVENKATARAMU,

RESPONENTS 8 TO 12 ARE
R/AT NO 49, 26TH B MAIN,
PUTTAPALYA, JAYANAGAR, 9TH BLOCK,
BENGALURU 560069.

13. SRI GOWDARA MAHALINGAPPA

S/O LATE GOWDAR JAYADEVAPPA
RA/T CHOKIPETE
DAVANAGERE 577022

14. S D S TUBERCULOSIS RESEARCH CENTRE

AND RAJIV GANDHI INSTITUTE
OF CHEST DISEASE
GOVERNMENT OF KARNATAKA
HOSUR ROAD, BENGALURU 560029
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15. SMT MANOHAR CHANDRASHEKAR

W/O LATE C PUTTASWAMY
R/AT NO 14TH MAIN BSK II STAGE
BENGALURU 560070

16. SMT LALITHA RAMAPPA

S/O OF K S RAMAPPA
R/AT NO 148, 7TH MAIN, 4TH CROSS,
J P NAGAR 3RD PHASE,
BENGALURU 560078

17. SMT UMA SHIVALINGAIAH

W/O SHIVALINGAIAH
R/AT NO 524F, 8TH CROSS,
7TH BLCOK, WEST, JAYANAGARA,
BENGALURU 560082

18. SMT VIJAYALAKSHMI BALAKRISHNA

W/O BALAKRISHNA
R/AT NO 316, 25TH CROSS,
9TH MAIN, BSK II STAGE
BENGALURU 560070

19. SMT INDIRA GOWDA

W/O A T GOWDA
R/AT NO 2592, 8TH MAIN,
BEHIND SARASWATHI HOSPITAL, BSK II STAGE
BENGALURU 560070
20. SRI V CHETAN
S/O V VENUGOPAL
R/AT NO 451, 6TH CROSS,
7TH BLOCK WEST, JAYANAGAR,
BENGALURU 560082
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21. SMT V AMITHA

W/O PRASHANTH PRAKASH,
R/AT NO 110/8,
KRISHNAPPA LAYOUT,
LALBAGH ROAD CROSS,
BENGALURU 560027.

22. SMT PRAMILA KRISHNAPPA

REP. BY SRI ASHOK KRISHNAPPA,
S/O LATE M V KRISHNAPPA,
R/AT NO 3364, 13TH CROSS,
2ND MAIN, SHASTRINAGAR,
THYAGARAJANAGAR POST,
BENGALURU 560029

23. SRI P VENUGOPAL

S/O LATE C PUTTASWMAY
R/AT NO 451, 6TH CROSS,
7TH BLOCK WEST, JAYANAGAR,
BENGALURU 560070.

24. BRUHATH BENGALURU MAHANAGARA PALIKE

CORPORATION OFFICE, J C ROAD,
BENGALURU 560002
REP BY ITS COMMISSIONER

25. THE CHIEF ENGINEER (SOUTH)

B.B.M.P. DEPARTMENT
SOUTH RANGE OFFICE COMPLEX,
9TH CROSS, 9TH MAIN,
2ND BLOCK, JAYANAGAR,
BENGALURU 560011
...RESPONDENTS

(BY SRI.MOHAMMED JAFFAR SHAH., AGA

FOR R1 TO R3 & R4
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SRI. KALYAN R., ADVOCATE FOR R4

SRI. S. HEMACHANDRA., & SRI. M. YADAV MURTHY.,
ADVOCATES FOR R8 TO R12
SRI. R.S.RAVI., SR. COUNSEL FOR
SRI. M.V.CHANDRASHEKAR REDDY., ADVOCATE
FOR R15 TO R23
SRI. K.S.MALLIKARJUN REDDY.,ADVOCATE
FOR R24 & R25
R7, R13 SERVED-UNREPRESENTED, R5 DEAD.)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD. 24.09.2020, PASSED BY NO.R.R.T(2) CR-55(1)2000-
01, BY THE R-2, RELATING TO SURVEY NO.24, MEASURING
4 ACRES 18 GUNTAS, SITUATED AT LALBAGH SIDDAPURA
VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK,
BENGALURU VIDE ANNX-A AND ETC.

IN WP NO. 11274/2024

BETWEEN:

SRI K N VASANTH
S/O K. K. NEELAKANTAPPA,
AGED ABOUT 65 YEARS,
R/A KODLIPET, KODAGU-571 231.
...PETITIONER
(BY SRI. NATARAJ BABA K., ADVOCATE)

AND:

1. STATE OF KARNATAKA
HEALTH AND FAMILY WELFARE DEPARTMENT,
BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, BENGALURU-560 001.
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2. STATE OF KARNATAKA
MEDICAL EDUCATION DEPARTMENT,
BY ITS CHIEF SECRETARY,
M.S. BUILDING, BENGALURU-560 001.

3. THE CHIEF ENGINEER

HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT OF KARNATAKA,
BENGALURU-560 001.

4. DIRECTORATE OF MEDICAL EDUCATION

REPRESENTED BY ITS DIRECTOR,
ANANDA RAO CIRCLE, BENGALURU-560 001.

5. SDS TUBERCULOSIS RESEARCH CENTRE

AND RAJIV GANDHI INSTITUTE OF CHEST DISEASES
GOVERNMENT OF KARNATAKA,
HOSUR ROAD, BENGALURU-560 030,
REPRESENTED BY ITS DIRECTOR.

6. KARNATAKA NURSING AND PARAMEDICAL SCIENCES

EDUCATION (REGULATION) AUTHORITY
FIRST FLOOR, LIBRARY BLOCK,
BMC AND RI CAMPUS, K.R. ROAD,
BENGALURU-560 002,
REPRESENTED BY ITS SPECIAL OFFICER.
...RESPONDENTS

(BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 TO R4

SMT. SUMANA BALIGA., ADVOCATE FOR R5
SRI. A.RAVISHNAKAR., ADVOCATE FOR R6)

THIS WP IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASH THE
RESOLUTION AND ORDER DATED 14/08/2020, BERING
ORDER NO. MED 284 MMC 2020 PASSED BY THE R2,
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RELATING TO SURVEY NO. 24, MEASURING 2 ACRES OUT

OF 4 ACRES 18 GUNTAS, SITUATED AT LALBAUGH
SIDDAPURA VILLAGE, KASABA HOBLI, BENGALURU NORTH
TALUK, BENGALURU IDENTIFIED IN THE IMPUGNED ORDER
AS LA-34, JAYANAGAR 1ST BLOCK, CTS NO. 813 VIDE
ANNEXURE-A AND ETC.

THESE PETITIONS, COMING ON FOR ORDERS, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE R DEVDAS

COMMON ORAL ORDER

In all these writ petitions, the petitioners are

aggrieved of an order passed by the Special Deputy

Commissioner-I in suo motu proceedings initiated

under Section 136 (3) of the Karnataka Land Revenue

Act and therefore, all these writ petitions are clubbed,

heard together and are being disposed of by this

common order.

2. It is clear from the impugned order that one Sri

K.Rajendra and Sri S.K. Muralimaran approached the

Commissioner, BBMP for transfer of khata in respect of

land to an extent of 1 acre in Sy.No.24 of Lalbagh

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Siddapura Village, Kasaba Hobli, Bangalore South Taluk

contending that the land was granted by the Tahsildar

under darkhast Rules. It was contended that by virtue

of a family partition which took place on 23.10.1997

they are entitled for transfer of khata. On the other

hand, another person by name Devagiri Panduranga,

made a representation before the BBMP seeking

transfer of khata contending that one Sri V.S.Krishna,

who is a resident of Koramangala, by forging the

documents claimed rights over the land in Sy.No.24.

He further contended that Sy.No.24 of Lalbagh

Siddapura Village, was owned by one

Smt.Muninanjamma, W/o Sri Venkatappa and the same

has been acquired by the Government in terms of a

notification bearing No.PW 1880/1990 dated

12.08.1944 and the same was published in the Official

Gazette on 29.09.1944. The acquisition was for the

purpose of establishment of a Tuberculosis Sanatorium.

The Commissioner, BBMP referred the matter to the

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revenue authorities for consideration of the

genuineness of the claim made by the parties. After

obtaining report at the hands of the Tahsildar, an order

was passed on 18.09.2003 concluding that the land

measuring 4 acres and 18 guntas in Sy.No.24 was

acquired for the benefit of SDS Sanatorium Hospital,

Bengaluru, and the other claim made by Sri K.Rajendra

and Sri S.K.Muralimaran etc., were not genuine.

3. Aggrieved by the said order dated 18.09.2003

Sri K.N.Vasanth, preferred W.P.No.43535/2003, while

Sri B.R.Lakshmana filed W.P.No.4501/2006 before this

Court. This Court passed an order on 18.11.2006 in

W.P.No.43535/2003 while remanding the matter back

to the Special Deputy Commissioner for fresh

consideration. Similar orders were also passed in

W.P.No.4501/2006 and the matter was remanded back

to the Special Deputy Commissioner. Several other

persons impleaded themselves in the proceedings.

Thereafter, the Special Deputy Commissioner passed

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an order on 31.10.2009 while coming to the conclusion

that the entry made in the name of

Smt.Muninanjamma in the revenue records is genuine

and valid and by virtue of registered sale deed,

mutation entries were carried out in the revenue

records. It was found that by virtue of a sale deed

executed through the Civil Court as well as confirmation

deed dated 18.07.2009, entries were made in the

revenue records pertaining to 3 acres and 8 guntas. In

the meanwhile, one Sri R.Lakshmana, S/o late

Ramegowda filed W.P.No.4671/2010. Similarly the

SDS Tuberculosis and Research Centre also filed

W.P.No.5512/2012 before this Court. This Court

passed an order on 17.07.2012 in W.P.No.4671/2010

while coming to a conclusion that the land in question

was acquired for the benefit of S.D.S.Tuberculosis

Research Centre to an extent of 4 acres and 18 guntas.

It was found that the SDS Tuberculosis Research

Centre & Rajiv Gandhi Institute of Chest Diseases were

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in occupation and possession of 4 acres in 18 guntas in

Sy.No.24. The writ petition was accordingly disposed

of.

4. Pursuant to the orders passed in

W.P.No.4671/2010, the Institute withdrew its writ

petition in W.P.No.5512/2012. Sri R.Lakshman who

was aggrieved of the orders passed by this Court filed

W.A.No.5181/2012. The Hon’ble Division Bench,

appears to have appointed an Advocate Commissioner

to identify the actual situation of the properties. The

Commissioner appears to have submitted a report

before this Court, but the same was not made available

to the Special Deputy Commissioner. Ultimately, the

Division Bench, by order dated 24.06.2013 remanded

the matter back to the Special Deputy Commissioner

for fresh consideration. Pursuant to the directions

issued by the Division Bench, the matter was

reconsidered again at the hands of the Special Deputy

Commissioner.
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5. The Deputy Commissioner has considered the

contentions raised by the private parties herein as

against the claim of the SDS Research Centre, which

contended that it was in possession by virtue of the

acquisition made by the State Government.

6. Having considered all the contentions, the

Special Deputy Commissioner has come to a conclusion

that by virtue of preliminary and final notifications

issued by His Highness Maharaja of Mysore, in a

notification No.PW 1888/1990 dated 29.09.1944, an

extent of 4 acres and 18 guntas of land in Sy.No.24

was acquired for the establishment of a Tuberculosis

Centre.

7. It is found that all other claims regarding the

grants subsequently made in the year 1972-73 issued

are bogus, since the question of granting the same land

which was already notified, acquired for the benefit of

Tuberculosis Centre, would not arise.

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8. The impugned order also takes into

consideration the claim of Sri Manohar Chandrashekar,

S/o late Sri Puttaswamy, Smt.Lalitha Ramappa, Smt.

Uma Shivalingaiah, Smt. Vijayalakshmi Balakrishna,

Smt.Indiragowda, Sri V.Chethan and Smt.V.Amitha,

respondents No.13 to 19 therein, who claimed

easementary rights over the existing roads in Sy.No.24,

while contending that they were the owners of

Sy.No.114, which now measures about 21 guntas, as

contended by the learned Senior Counsel Sri R.S.Ravi,

who appeared for the said parties before this Court.

9. On the previous occasion, the submission of the

learned Senior Counsel appearing for the said parties

were placed on record while it was stated that since

Sy.No.114 does not belong to the S.T.Sanitorium, but

they have put up an obstruction on the road and their

land is landlocked without any access, the said Institute

and the State Government may acquire the lands.

Thereafter, the said writ petitions in W.P.Nos.65/2022

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and 15433/2020 were delinked from these matters. It

appears that two matters had today come up before

the co-ordinate Bench and directions have been issued

by the co-ordinate Bench that the matter can be

considered at the hands of the Commissioner-BBMP in

the matter of obstruction caused on public road.

10. Learned Senior Counsel Sri I.Tharanath

Poojari, appearing for the petitioners in

W.P.Nos.12913/2020, 11274/2024, 9147/2023 and

18844/2022 contended that the petitioners therein are

the rightful owners of their respective properties,

having regard to the registered documents. It was

contended that the petitioners are in rightful occupation

and possession of their respective lands.

11. Similarly learned counsel Sri Kalyan R., also

contended that the petitioners in W.P.No.19427/2021

are in occupation and possession of land bearing

Sy.No.24 measuring 3 acres 8 guntas pursuant to the

grant dated 22.12.1979. The two learned Counsels

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have contended that the finding recorded by the

Special Deputy Commissioner is without affording an

opportunity of hearing to the parties and without

considering the documents which are in possession of

the parties.

12. Learned Counsel Sri Kalyan R., also submitted

that the petitioners in W.P.No.19427/2021 had filed

O.S.No.1781/2005 against the State Government and

the SDS Sanitorium and there was an order of

temporary injunction restraining the defendants. But

ultimately the suit was dismissed. It is contended that

the respondent-Institute came before the Civil Court

and submitted that it is not in the possession of the

said extent of 3 acres and 8 guntas and that they have

not put up any construction in the said extent of land.

13. Having heard the learned Senior Counsels,

learned Counsels for the petitioners, learned counsel

for the respondent-Research Institute, the learned AGA

and on perusal of the petition papers, this Court is of

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the considered opinion that the petitioners are seeking

to raise disputed questions of title. At any rate, it

cannot be disputed at the hands of the petitioners that

the lands in question have been part of the City

Corporation of Bangalore, the Bangalore Mahanagara

Palike and the Bruhat Bengaluru Mahanagara Palike and

within the Master Plan of the Bangalore Development

Authority. When disputed questions of title are sought

to be raised, it is not permissible for the parties to

approach the revenue authorities to seek redressal.

14. The Division Bench of this Court in the case of

Smt.Jayamma And Others Vs. State of Karnataka

and Others reported in ILR 2020 KAR 1449 has

clearly held that revenue authorities shall not enter into

disputed questions of title. Therefore, any amount of

contentions of the petitioners regarding the revenue

entries will be of no consequence. Disputed questions

of title are required to be considered only by a

competent Civil Court.

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15. In that view of the matter, this Court is also of

the considered opinion that the Special Deputy

Commissioner could not have considered these

contentions only because the matter was referred to

the Special Deputy Commissioner by the then

Commissioner, BBMP to go into the genuineness of the

claim made by Sri K.Rajendra and Sri S.K.Muralimaran.

16. The aggrieved persons are required to

approach the competent Civil Court or raise a challenge

to the acquisition notification, if at all it is permissible in

law at this length of time. It is also trite that any

observations made in the impugned order at the hands

of the Special Deputy Commissioner shall be restrained

only to the revenue entries and nothing more. The

direction issued by the Special Deputy Commissioner to

the Tahsildar, Bangalore North Taluk, to initiate

appropriate criminal proceedings against respondents

No.1 to 4 and 6 to 11 therein however, is required to

be set aside and is accordingly set aside. If any of the

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parties approach the Civil Court, any observation made

during the course of this order shall not prejudice the

case of any of the parties before the Civil Court.

17. Insofar as W.P.No.20830/2022 is concerned

which is filed at the hands of the Director of the

S.D.S.Tuberculosis Research Centre, where the Special

Deputy Commissioner, has passed an order on

24.09.2020 invoking the provisions contained in

Section 67(2) of the Karnataka Land Revenue Act,

declaring the subject road situated in Sy.No.24 in 1st

Cross, Byrasandra, Bengaluru and the consequential

direction issue to the BBMP to take steps to secure and

maintain the said road for the purpose of general

public, is also quashed and set aside. Since the finding

of the Deputy Commissioner in his order as noticed

hereinabove is that 4 acres and 18 guntas of land were

acquired for the benefit of the Tuberculosis Hospital and

Research Centre, such a finding could not have been

recorded by the Special Deputy Commissioner declaring

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a part of the road found in the said lands as public

road.

18. Liberty is reserved to the aggrieved persons

to approach the Joint Commissioner of BBMP and seek

such a declaration regarding public roads being formed

in the lands in question. If such a grievance is made

out by any of the parties before the Commissioner or

any other authority, the authority shall consider the

same after calling for all relevant information from the

SDS Tuberculosis Research Centre regarding the

formation of the public road.

19. With these observations, the writ petitions

stand disposed of accordingly.

20. Pending I.As., if any stand disposed of.

Sd/-
(R DEVDAS)
JUDGE

JT/-
CT: JL