Karnataka High Court

WP/57427/2015 of SRI RAVINDRA KUMAR Vs VENKATARAMA on 31 December 2015

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HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31 ST DAY OF DECEMBER, 2015 BEFORE THE HON’BLE MR.JUSTICE ANAND BYRAREDDY WRIT PETITION No.57427 OF 2015 (KLR-RES) Between: Sri. Ravindra Kumar S/o late Rama Reddy Aged about 51 years R/s. No.42, 1 st Cross Ramanjanaya Nagar

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31[ST] DAY OF DECEMBER, 2015 BEFORE

THE HON’BLE MR.JUSTICE ANAND BYRAREDDY

-WRIT PETITION No.57427 OF 2015 (KLRRES)

Between:

Sri. Ravindra Kumar S/o late Rama Reddy Aged about 51 years R/s. No.42, 1[st] Cross Ramanjanaya Nagar Chikkalasandra, Bangalore – 560 061

(By Shri Byregowda .N, Advocate)

…Petitioner

And:

1. Venkatarama S/o late Nanjappa Aged about 31 years S/o late Nanjappa Aged about 31 years

2. Sri. Mnuiraju S/o late Nanjappa Aged about 34 years

3. Smt. Manjula

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d/o late Nanjappa Aged about 29 years

4. Smt. Lakshmamma w/o late Nanjappa Aged about 53 years w/o late Nanjappa Aged about 53 years All are residing at Bhoothanahalli Village Bannergatta post Jigani Hobli, Anekal Taluk Bangalore – 560 083

5. Munilakshmamma w/o late Ramappa Aged about 58 years w/o late Ramappa Aged about 58 years

6. Smt. Rathanmma w/o Nanjundappa Aged about 40 years w/o Nanjundappa Aged about 40 years

7. Smt. Lakshmamma w/o Nagaraj Aged about 38 years w/o Nagaraj Aged about 38 years

8. Sri. Devaraj s/o late Ramappa Aged about 32 years s/o late Ramappa Aged about 32 years

9. Sri. Vijaya kumars s/o late Ramappa Aged about 29 years s/o late Ramappa Aged about 29 years ��

All are residing at Jangla palaya village Bannergatta post, Jigini hobli Anekal taluk, Bangalore – 560 083

10. Smt. Nagamma w/o Muniappa Aged about 59 years Weavers colony Gottigere post Bannergatta road, Bangalore – 560 083.

11. State of Karnataka Rep. by its chief secretary Department of revenue Vidhana Veedhi Bangalore – 560 001 Rep. by its chief secretary Department of revenue Vidhana Veedhi Bangalore – 560 001

12. The Deputy Commissioner Bangalore District Bangalore – 560 001. Bangalore District Bangalore – 560 001.

…Respondents

(By Shri M. Shivappa, Advocate for Caveador Respondent -1)

This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to Quash the impugned order dated 25.11.2015 passed by the Hon’ble Karnataka Appellate tribunal in Appeal No.1072/2015 as per Annex-F and permit the petitioner to hear on the interim application to pass appropriate order.

This writ petition coming on for Preliminary Hearing this day, the Court made the following:

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O R D E R

The petitioner is aggrieved by the circumstance that when the matter was pending before the Karnataka Appellate Tribunal in appeal and was sought to be advanced, the Tribunal has adjourned the matter to 11.1.2016. In the meanwhile, it is the complaint of the petitioner that the respondents have forcibly entered a portion of the premises and prevented further construction and have also caused damage. If this is the circumstance, it is for the petitioner to raise all these grievances before the Tribunal, where the matter is pending and the Tribunal would consider the same in due course. There is no warrant for interference, at this stage. The petition is disposed of without prejudice to the right of the petitioner to urge all these contentions before the Tribunal.

Sd/-

JUDGE

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