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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 15TH DAY OF JULY, 2015
BEFORE
THE HON'BLE MR. JUSTICE RAM MOHAN REDDY
WRIT PETITION NOS.59551-59580 OF 2014
(KLR-REG)
BETWEEN:
1. SRI DASAPPA
S/O LATE THIMMAIAH,
AGED ABOUT 55 YEARS,
2. MELUGIRIYAPPA @ MARTITHIMMAIAH
S/O LATE GIRIYAPPA,
AGED ABOUT 48 YEARS,
3. DASAPPA @ SHIVAKUMAR
S/O LATE BANDI THIMMAIAH
AGED ABUOT 37 YEASR,
4. SRI MUDLAGIRAIAH
S/O THIMMAIAH,
AGED ABOUT 75 YEARS,
5. SRI SANNA KARIYAPPA
S/O LATE KARIYAPPA,
AGED ABOUT 71 YEARS,
6. SMT BHAVANAMMA
W/O LATE HANUMANTHAIAH,
AGED ABOUT 45 YEARS,

7. SRI MUDLAGIRIYAPPA
S/O LATE GIRIYAPPA,
AGED ABOUT 55 YEARS,
8. SRI DODDATHIMMAIAH @ RANGASWAMAIAH
S/O LATE CHIKKATHIMMAIAH @
SANNARANGAIAH
AGED ABOUT 35 YEARS
9. SRI THIMMARAJU
S/O LATE GOVINDAIAH,
AGED ABOUT 45 YEARS,
10. SMT PARVATHAMMA
D/O LATE NARASIMHAMURTHY DEAD
AGED ABUOT 40 YEARS,
11. SRI THIMMAIAH
S/O LATE RANGAIAH DEAD
AGED ABOUT 35 YEARS,
12. RAJANNA
S/O LATE GIRIYAPPA,
AGED ABOUT 42 YEARS,
13. SRI VENKATSH
S/O LATE THIMMAKKA, DEAD,
AGED ABOUT 34 YEARS,
14. SRI KARIYAPPA
S/O LATE MUDLAIAH,
AGED ABUOT 75 YEARS,
15. SRI KEMPARAJU
S/O LATE NARASIMAIAH DEAD
AGED ABUOT 40 YEARS,

16. SMT LAKSHMIDEVAMMA

W/O MUDLIGIRAIAH,
AGED ABOUT 40 YEARS,
17. SRI NARAYANAPPA
S/O KADRAIAH,
AGED ABOUT 60 YEARS,
18. SRI MUDALIGIRAIAH
S/O LATE DODDATHIMAIAH DEAD
AGED ABOUT 55 YEARS,
19. SMT GANGAMMA
D/O HCHARANGAIAH,
AGED 60 YEARS,
20. SRI NAGARAJU
S/O LATE VENKATAIAH DEAD
AGED ABOUT 50 YEARS,
PETITIONER NOS. 1 TO 20
RESIDING AT
KAREHALLI VILLAGE,
NITTUR HOBLI, GUBBI TALUK,
TUMKUR DISTRICT.
21. SMT H.R SHANTHAKUMARI
D/O LATE RAMACHANDRAIAH,
AGED ABOUT 57 YEARS,
RESIDING AT KHB COLONY,
GUBBITALUK, TUMKUR DISTRICT.
22. SRI NANJUNDASWAMY
S/O LATE KEMAPAIAH @ KADARAIAH,
AGED ABOUT 45 YEARS,
RESDIDNG AT NITTUR,
GUBBI TALUK, TUMKUR DISTRICT.

23. SRI G.C NAGARAJU

S/O LATE CHIKKA DODDAIAH,
AGED ABOUT 55 YEARS,
RESIDING AT OLD A K COLONY,
GUBBI TOWN, TUMKUR DISTRTICT.
24. SMT. SIDDAGANAGAMMA
W/O LATE G.H. DEVARAJ DEAD
AGED ABOUT 55 YEARS,
RESIDING AT BIDARAHALLI KAVAL,
NITTU HOBLI, GUBBI TALUK,
TUMKUR DISTRICT.
25. SMT RATHNAMMA
W/O SRINIVASA
AGED ABOUT 40 YEARS,
RESIDING AT KAREHALLI VILLAGE,
NITTUR HOBLI, GUBBI TALUK,
TUMKUR DISTRICT.
26. SRI G H HARISH
S/O HANUMANTHAIAH,
AGED ABOUT 42 YEARS,
RESIDING AT OLD A K COLONY,
GUBBI TOWN, TUMKUR DISTRICT.
27. SRI MALLESHAIAH
S/O LATE CHANNAIAH,
AGED 45 YEARS
RESIDING AT NEW A K COLONY,
GUBBI TOWN, TUMKUR DISTRICT.
28. SRI ANANDA MURTHY @ ANJANA MURTHY
S/O LATE HANUMANTHAIAH
AGED ABOUT 55 YEARS
RESIDING AT OLD A.K. COLONY,
GUBBI TALUK, TUMKUR DISTRICT

29. SMT CHADRAKALA

W/O LATE RAVIKUMAR
AGED ABOUT 38 YEARS,
RESIDING AT OLD A K COLONY,
GUBBI TOWN, TUMKUR DISTRICT.
30. SRI NARASIMHAMURTHY
S/O LATE SANNAOBALAIAH,
AGED ABOUT 55 YEARS,
RESIDING AT NEW A K COLONY,
GUBBI TOWN, TUMKUR DISTRICT
... PETITIONERS
(By Sri. H.N SHASHIDHARA, ADV., FOR
M/S KESVY & CO., ADV.,)
AND
1. THE PRINCIPAL SECRETARY
REVFENUE DEPARTMENT
GOVERMENT OF KARNATAKA
VIDHANA SOUDHA,
DR B R AMBEDKA VEEDHI
BANGALORE-560001
2. DEPUTY COMMISSIONER
TUMKUR DISTRICT
TUMKUR-571112
3. THE COMMITTEE FOR REGULARIZATION
OFUNAUTHORIZED OCCUPATION
GUBBI TALUK, TUMKUR DISTRICT-571112
REPRESENTED BY ITS SECRETARY
TAHSILDAR.

4. ASSISTANT COMMISSIONER
TUMKUR SUB DIVISION
TUMKUR-571112.
5. TAHSILDAR
GUBBI TALUK,
GUBBI, TUMKUR DISTRICT -571 112.
6. HINDUSTAN AERONAUTICALS LTD
DOUBLE ROAD
BEL, BANGALORE-560008
REPRESENTED BY ITS CHAIRMAN
... RESPONDENTS
(By Sri. E.R. DIWAKAR, AGA FOR R1 TO R5;
SRI. PRADEEP SAWKAR, ADV., FOR R6)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO DIRECT THE RESPONDENTS TO
REGULARIZE

THE

PETITIONERS

UNAUTHORIZED

HOLDINGS IN SY.NO.1 OF BIDARAHALLIA KAVAL,

NITTUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT &
ETC.,
THESE WRIT PETITIONS COMING ON FOR PRLY.
HEARING IN B GROUP THIS DAY, THE COURT MADE
THE FOLLOWING:

ORDER
Petitioners

are

prosecuting

parallel

remedies,

since order dated 3.11.2010 in R.A.21/2010-11 of the

Deputy Commissioner Annexure-E, is challenged in an
appeal before the Deputy Commissioner, said to be
pending.

If

that

is

so,

these

petitions

are

not

maintainable since the petitioners must exhaust their

remedy and if aggrieved, may question the same in an
appropriate legal proceeding.

2. Learned counsel for petitioners submits that

proceeding before the Deputy Commissioner, in appeal
since pending, it is open for the petitioners to make
necessary application for interlocutory orders over their
allegation of interference with their possession of the
immovable properties in question. This is so because,
Sri Pradeep Sawkar, learned counsel for respondent
No.6-Hindustan Aeronautics Limited submits that even

before filing the petitions, 6th respondent was put in

possession of 610 acres of land.

3. Be that as it may. The question as to who is in

possession is required to be answered by the Deputy
Commissioner, in appeal, and not for this Court.

4. In that view of the matter, these petitions are

rejected observing that petitioners are at liberty to file
application for interlocutory orders in the appeal
proceeding before the Deputy Commissioner, who is
directed to consider the same and pass orders after
extending reasonable opportunity of hearing to the
contesting respondents who may also file objections to
the application.

5. If the Deputy Commissioner were to record a

finding that petitioners claim for regularization of
unauthorized cultivation of land is unavailable, then,
regard being had to the fact that petitioners claim to be

members of scheduled caste and scheduled tribe, action

may be taken by allotting alternative lands, if any,
subject to Karnataka Land Grant Rules, 1969.

Sd/JUDGE

Ia