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In the High Court of Karnataka at Bengaluru

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In the High Court of Karnataka at Bengaluru 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17 TH DAY OF MARCH, 2016 PRESENT THE HON’BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR AND THE HON’BLE MR. JUSTICE BUDIHAL R.B. WRIT APPEAL No.1654/2008 & WRIT APPEAL Nos.2180-2201/2008 BETWEEN: 1. Madaiah bin Doddamadaiah Since deceased by LRs 1(a) Sri Madevu S/o late Madaiah Aged about 50 years 2(b) Sri Nanjegowda S/o late Madaiah Aged about 47 years 1(a) & 1(b) are residing at No.2438 4th Cross, Paduvarahally Village Mysore Taluk, Mysore District. 2 2. Sri Kadlepette Mahadeva (also called as Mahadevayya) S/o Nanjaiah Since deceased by LRs. 2(a) Smt. Kamalamma W/o late Kadlepette Mahadeva Aged about 65 years 2(b) Sri M. Shivakumar S/o late Kadlepette Mahadeva Aged about 49 years 2(c) Sri M.Ravikumar S/o late Kadlepette Mahadeva Aged about 42 years 2(d) Sri Devaraj S/o late Kadlepette Mahadeva 2(a) to 2(d) are residents of Door No.2455, 3 rd Cross Paduvarahalli Village Mysore Taluk Mysore District 3. Sri Chikkanna bin Kullegowda Since deceased by LRs. 3(a) Sri Krishna S/o late Chikkanna Aged about 45 years 3(c) Sri Mahadevu S/o late Chikkanna Aged about 43 years 3 3(d) Sri Kumara S/o late Chikkanna Aged about 41 years 3(e) Sri Mariswamy S/o late Chikkanna Aged about 39 years 3(a), 3(c) to 3(e) are residents at D.No.2267/8, Kumbara Beedi Paduvarahally Village Mysore Taluk, Mysore District 4. Shantaiah Since deceased by LRs. 4(b) Smt. Susheela W/o late Shantaiah Aged about 59 years 4(c) Kum.Manjula D/o late Shantaiah Aged about 45 years 4(d) Kum.Sheela D/o late Shantaiah Aged about 42 years 4(b) to 4(d) are all residing at D.No.2461, 2 nd Cross, 2 nd Main Paduvarahally Village Mysore Taluk, Mysore District. 4 5. Sri Thimmayya urf Ayanna (wrongly mentioned as Chamanna) S/o late Thimmayya Aged about 58 years No.48, 7 th Cross Paduvarahally Village Mysore Taluk, Mysore District 6. Kempa Kalaiah since deceased by LRs. Sri Swamy S/o late Kempa Kalaiah Aged about 60 years Residing at No.2383, 4 th Cross Paduvarahally Village Mysore Taluk, Mysore District. 7. Eranna, since deceased by LR Smt.Sannamma W/o late Eranna Aged about 57 years Residing at No.2267/8, 5th Cross, Paduvarahally Village Mysore-12 8. Bettaiah bin Kempaiah since deceased by LRs. 8(a) Sri Jayaram S/o late Bettaiah Aged about 47 years 8(b) Sri Kempegowda S/o late Bettaiah Aged about 44 years 5 8(c) Smt. Nanjamma W/o late Bettegowda Aged about 42 years 8(d) Sri P.B.Sreedhara S/o late Bettaiah Aged about 39 years 8(a) to 8(d) are all residing at D.No.2267/3, 6 th Cross, V Main Paduvarahally Village Mysore Taluk Mysore District 9. Dasanna since deceased by LR Chinnamarigowda S/o late Dasanna Since deceased by LRs. 9(b) Sri P.C. Jayaram S/o late Chinnamarigowda Aged about 38 years Residing at D.No.2262/1 4th Cross, Paduvarahally Village Mysore-12, Mysore Taluk Mysore District 10. Venkatappa Since deceased by LRs. 10(a) Smt.Siddamma W/o late Venkatappa Aged about 64 years 10(b) Sri P.V.Srinivasa S/o late Venkatappa 6 Aged about 45 years 10(c) Sri P.V.Radhakrishna S/o late Venkatappa Aged about 42 years 10(d) Sri P.V.Sunil S/o late Venkatappa Aged about 39 years 10(a) to 10(d) are residing at D.No.6 4th Cross, IInd Main, Paduvarahally Village Mysore-12, Mysore Taluk Mysore Dist. 11. Chikkahydappa Since deceased by LR 11(a) Smt. Channamma w/o late Kariyappa aged about 60 years 11(b) Sri Mahadevu, K. S/o late Kariyappa Aged about 42 years 11(c) Sri Krishna K. S/o late Kariyappa Aged about 39 years 11(d) Sri Suresha K. S/o late Kariyappa Aged about 33 years 7 11(a) to 11(d) are residing at D.No.2960, 4 th Cross, Paduvarahally Village Mysore-12, Mysore Taluk, Mysore District 12. Yalakkanna Since deceased by LR Sri Dasegowda S/o late Yalakkanna Aged about 59 years Resident of D.No.2462, 4 th Cross Paduvarahally Village, Mysore-12 Mysore Taluk, Mysore Dist. 13. Sri Neelegowda S/o Neelaiah, since deceased by LRs 13(a) Smt. Jayamma W/o late Neelegowda Aged about 58 years 13(b) Sri N.Venkatagiri S/o late Neelegowda Aged about 38 years 13(a) and 13(b) are resident of D.No.2393, Kumbarabeedi Paduvarahally Village Mysore-12, Mysore Taluk Mysore Dist. 14. Sri Shettappa S/o late Bommarayanna Aged about 63 years 8 Resident of D.No.2376 5th Cross, Paduvarahally Village Mysore-12, Mysore Taluk Mysore Dist. 15. Sri Chikkanna S/o late Siddaiah Aged about 61 years Resident of D.No.2381, 4th Cross, Paduvarahally Village Mysore Taluk, Myosre Dist. 16. Narasimhaiah @ Yalavanna S/o late Dasanna Since deceased by LRs 16(a) Sri N.Narasimhaiah S/o late Narasimhaiah Aged about 59 years 16(b) Sri N.Narayana S/o late Narasimhaiah Aged about 56 years 16(a) and 16(b) are residing at D.No.2470, 4 th Cross Paduvarahally Village, Mysore-12, Mysore Taluk Myosre Dist. 17. Bettaiah Singraiah Since deceased by LR Singraiah, S/o late Bettaiah Since deceased by LRs. 9 17(a) Sri Narasimha S/o late Singraiah Aged about 50 years 17(b) Sri Cheluva S/o late Singraiah Aged about 48 years 17(a) and 17(b) are residing at D.No.2999/1, Rama Mandir Road Paduvarahalli Village, Mysore-12 Mysore Taluk, Mysore District. 18. Sri Padkai Devayya since deceased, By his L.Rs. 18(a) Smt. Jayamaa, aged about 48 years w/o late Bommegowda 18(b) Smt. Sheela, Aged about 30 years D/o late Bommegowda 18(c) Smt. Shilpa, Aged about 27 years D/o late Bommegowda 18(d) Smt. Sowmya, Aged about 25 years D/o late Bommegowda 18(e) Sri T. Devegowda, Aged about 50 years s/o Padkai Devayya 18(f) Sri T. Kumar, Aged about 42 years s/o Padkai Devayya. 18(g) Sri T. Somu, Aged about 40 years s/o Padkai Devayya. 10 18(a) to 18(g) are residents of Resident of D.No.2279, 4th Cross, Paduvarahally Village Mysore-12, Mysore Taluk Mysore Dist-570 012. 19. Sri Narasimhayya S/o late Giddanna Since deceased by LR 19(a) Narasamma W/o late Narasimhayya Aged about 65 years Residing at D.No.2405, 3 rd Main 4th Cross, Paduvarahally Village Mysore-12, Mysore Taluk Mysore Dist. 20. Sri Swamanna S/o late Kariyanna Aged about 68 years Resident of D.No.2000/3 1st Cross, Paduvarahally Village Mysore-12, Mysore Taluk Mysore Dist. 21. Papayya since deceased by LR. Sri Nagaraju S/o late Papayya Aged about 59 years Resident of D.No.2302 II Cross, Paduvarahally Village Mysore-12, Mysore Taluk Mysore Dist. 11 22. Vishakantayya since deceased by LR 22(a) Sri Thammanna S/o late Vishakantayya Since deceased by LRs. 22(a)(i) Smt. Jayamma W/o late Thammanna Aged about 68 years 22(a)(ii) Sri Madevu, T. S/o late Thammanna Aged about 50 years 22(a)(iii) Sri Swamy S/o late Thammanna Aged about 46 years 22(a)(iv) Sri Raju, T. S/o late Thammanna Aged about 44 years 22(a)(v) Sri Nanjunda S/o late Thammanna Aged about 40 years 22(a)(i) to 22(a)(v) are Resident of D.No.83 7th Main, Paduvarahally Village Mysore-12, Mysore Taluk Mysore Dist. 23. Bandayya since deceased by LRs. 23(a) Sri Thammanna S/o late Bandayya 12 Since deceased by LRs 23(a)(i) Smt. Bhagya Aged about 47 years W/o late Thammanna 23(a)(ii) Sri Yadukumar, T. Aged about 28 years S/o late Thammanna 23(a)(iii) Sri Madhu Kumar Aged about 24 years S/o late Thammanna All are residing at D.No.2465, 4th Cross, Paduvarahalli Village Mysore-570012, Mysore Taluk Mysore District. 23(c) Sri B.Shivanna S/o late Bandayya Aged about 54 years 23(d) Sri Jayarama S/o late Bandayya Aged about 52 years 23(e) Sri Shivalinga S/o late Bandayya Aged about 50 years 23(f) Sri Devaraju S/o late Bandayya Aged about 47 years 13 23(c) to 23(f) are residing at D.No.2465, 4 th Cross Paduvarahalli Village, Mysore-12 Mysore Taluk, Mysore District .. Appellants (By Sri N. Shankaranarayana Bhat, Adv.,) AND : 1. State of Karnataka Represented by Secretary to Government, Rural Development M.S. Building, Dr. Ambedkar Veedhi Bangalore-560 001 2. Sri K.B.Ramachandra Raje Urs S/o late Sardar K. Basavaraja Urs Since Deceased by LRs. 2(a) Smt. Leela Tripua Sundarammanni Aged about 42 years D/o late K.B.Ramachandra Raje Urs C/o Gayathri Vihar, Palace Grounds, Bellary Road Banagalore-560 080 2(b) Smt. Deepa Malini Aged about 39 years D/o late K.B.Ramachandra Raje Urs Resident of No.954/5, ‘Kalpana’ Diwans Road, Lakshmipuram Mysore-570 004, Mysore Taluk Mysore District. 14 2(c) Smt. Keerthi Malini D/o late K.B.Ramachandra Raje Urs C/o Gayathri Vihar Palace Grounds, Bellary Road Bangalore-560 080 2(d) Sri Chaduranga Kantaraje Urs S/o late K.B.Ramachandra Raje Urs Aged about 35 years, Resident of ‘Leela Vihar ‘, D.No.22/1, Vinoba Road, Jayalakshmi Road Myosre-570 012 3.
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