LAAALI 1 M
{N THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS TEIE 25"' DAY OF N OVEMBER. 2010
BEFORE
THE I-IoN'BLE MRJUSTICE B.S. PATHQO "
WP.No.21246/2010 (KLR--RE_$1»'~--.V. T
BETWEEN:
B.S.Sharadamma,
W/0 Srinivasa @ Seenappa,
Major, residing at No.1 19,
8"' Cross, 4*" main road,
Chamarajapet, Bangalore;
PE*1*1T'ioNER
[By Smt.P.C.Sunitha, Adv."fe1f'A O
M/s.M.Sivappa Ass_ociates., .Ag:iv.}' .
1.
Dr. Sha1'ith.a. '1KK.{ariyzappa._..
since:._deceas"evr;1--v by L.Rs,
Dr.H.KJ\/Viariyappa,---.V"-- «
H/0 Dr.Shant}1an1a1'iyappa.
S/o.K.enche'g0.wc1a;" V
Agefqgi about '75 "years, _
. residirig. at" No. 96, """ "
'_ » "B--rigade.Ra,thna' Rangarao Road,
'BaSava'nagu[di_,'13angal0re--~04,
~af1a:_1_ 'also N'Q.O2433.
Vista ROa(i','--_.La Habra Heights,
CA"'90G31 ',' Unites States of America.
Tej_as\Afi" Mariyappa,
' S/O"gDr.H.K.Mar;1yappa and
O ._lat<;" Dr.Sha11iha Mariyappa,
aged about 45 years,
" ~-"residing at No.96.
'Brigade Rathna' Rangarao Road,
Basavanagudi, Bangalore~O4,
" -"K.R.Circle, Bangalore.
and also at No. 1873,
Fordham Avenue, Thousandoaks,
Ca1ifornia--9l36{),
United States of America.
Darshan Mariyappa @ Darsh Mariyappa,
S/o Dr.H.K.l\/lariyappa and
late Dr.Shantha Mariyappa,
aged about 42 years, ._
residing at No.96,
'Brigade Rathna' Rangarao Road,
Basavanagudi, Bangalore--04, '
and also "
Managing Director,
Fleet Boston Financial,
Singapore Branch, V
150 Beach Road, No.07rC'O. V
Gateway West, Singapore-:_189720'.
Ms.Suman l\/[ariya-ppa.f, _, __
D / o Dr.H.K.Mar£y'appa"and _
late Dr.Sh,antl._ia'Ma;riyap'pa;~~.V V
aged about.,38.._y£'%ars, '
residingat,No.96';*::, " . ..
'Brigade Ratliri-a'_,VRa.ngarao Road,
Basavanagudi, l3angaEor'e;()r.1,
and alsoat No§2.61-«ll,
Octavia Street, San Francisco.
Ca1i.fornia--94 123, B
United States of--An1erjca.
5. The Joint Director of Land Records.
'Banga_l'ore rvljivisjlon.
. 6. The Director of Survey Settlement and
the Land Records,
Circle, Bangalore.
Enquiry Officer,
City Survey, Division--3,
RESPONDENTS
” ‘ ” (By 811’ E.S,Indiresh, HCGP for R5 to R7}
W3-
This writ petition is filed under Articles 226 and 227 of
the Constitution of India praying to direct the 7*” respondent to
consider the survey report filed and to pass finai order as
directed by the Joint Director of Land Records W’h.”‘_(‘.’fi–. has
affirmed by this Horfble Court immediately by proc’eei;1,i’ng
further in the enquiry proceedings pending beforegathe _.__7’1¥1
respondent.
This writ petition coming on fo_r…»Pre1irri1nary’iifieaiingy
day, the Court made the following:- I
oRDa_I3
1. As the matter lies in a compass, relief 0
sought is only for a direction t,CiJ”‘rei”:yvi3’§3″1×1:iC1-e_nt herein -~ the
Enquiry Officer, City Bangalore,
to dispose of before him
pursuant to Court, I do not find it
necessary—to. herein, who are private
parties. i'<.Sui"ficev iearned Government Pleader to
take noticeifor V5 to 7. Accordingly, learned
Goverrirnerit Pieaderiis directed to take notice for respondents 5
.A*._t0A7'.«,'
._ is the order dated 25.10.2006 passed by this
_Court'~in \§J.P;.i'i'o.3i340/2003, whereunder while dismissing the
Igpetitioin flied by one Dr.Shantha Mariyappa deceased
respondent No.1 herein and confirming the order dated
03022003 passed by the Joint Director of Land Records,
is 4 VVVVR
Bangalore Division, a direction was issued to the Enquiry
Officer, City Survey, Division~3, R.V.Road, Bangalore, to pass an
order strictly in accordance with the order pass_'ed"'g'on
03.02.2003 by the Joint Director of Land Reeorcls.
was challenged in Writ Appeal No.2l69./2006..*'whic:h; r
dismissed on 15.06.2007. Thereafter, 1'_as'iVcan_
Annexure–C proceedings before':_th–ex Enduity Oificei=:._'vLhe inatterii'
has been posted on innumerable:occasions…2 stage, on
28.06.2008, after _t'hpe and noting that
respondents 2 to 4 befoAre»«.:hi:m the matter was
reserved for is again reopened
and the enquiry on several dates. On
entertained the request of
the applicant time to produce some
documents anud._:h.as.v"ad.j0urned the case to 12.05.2010. The
. 2. grievance»–.'of the petitioner is that the matter is being indefinitely
2uadjlourned'andthejipame is not being finalised.
3. A ‘–.l.ean1edj..~eounsei for the petitioner is not in a position to
‘””~.__Vs’ubmit asflto what i.s the next date to which the case is posted.
{‘.f”l’0V’irgv:é.’r, if the case is not yet disposed of, I find that the
2’ lsgrievance made by the petitioner is weii founded. The Enquiry
~ 44:.”Officer cannot indefinitely adjourn the matter. The lis has to
M 5 ,_
come to an end, particularly because this Court has issued a
direction in the writ petition filed earlier to the Enquiry Officer
to dispose of the case in terms of the direction issued”-}§y~V.the
Joint Director of Land Records on 03.02.2003.
circumstances, the appropriate orderm that “to
passed is to permit the petitioner to V1j[‘iO\I’c’3-,<';.l.'T"1 application'-le,1gefo:A'e
the Enquiry Officer — respondent -l_\_¥o.7 Vherlein
advance the case fixing the dateufof notifying the
parties and thereafter ' Same V0é}&)editi0uS1y_
Petitioner shall make suchvlan jvivrithin two weeks
from the date of" pai whereupon the
731 respondent fixing the date of hearing
and dispose oflftiliectafsep asvjergpeditiously as possible at any rate
within an outerpplirriitfofmonths thereafter. Writ Petition is
accordingly disposed of.
p “tLea’tr’iiedi’ Government Pleader is permitted to tile memo of
lappearaiice.yvithinithree weeks from today.
Sd/-‘
JUDGE
“piés