IN THE HIGH COURT OF KARNATAKA AT BENGALURU

W.P.No. /2019

BETWEEN:

BAYARA REDDY
S/o T.C.Muttappa
Aged about 40 Years,
R/at. Tattannagaripalli Village,
Gulur Hobli,
Bagepalli Taluk,
Chikkaballapur District. PETITIONER

AND:

1. State of Karnataka
Rep by it’s Principal Secretary,
Revenue Department, Vikasa Soudha,
Bengaluru-560001.

2. The Deputy Commissioner,

Chikkaballapur District,
Sidlaghatta Road,
Chikkaballapur.

3. The Assistant Commissioner,

Chikkaballapur Sub Division,
Chikkaballapur District.

4. The Tahsildar,
Bagepalli.

5. C.Amarnatha Reddy,
Aged about 43 years,
S/o Chowdareddy,
R/at. Maddalakane Village,
Gulur Hobli, Bagepalli Taluk,
Chikkaballapur District. RESPONDENTS
 WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA.

The Petitioner submits as follows:

1. The Petitioner has prayed for issue of a Writ of Mandamus to

the Respondents No.2, 3 & 4 directing them not to transfer
the Khatha in favour of the 5th Respondent in respect of 9.04
Guntas of land in Sy.No.16/2 of Tattannagaripalli Village,
Gulur Hobli, Bagepalli Taluk by accepting the
Representations dated 02.03.2019 given to the 2nd
Respondent, 02.03.2019 given to the 3rd Respondent and
02.03.2019 given to the 4th Respondent (ANNEXURES – A, B
& C) by the Petitioner.

2. The Petitioner is the son of T.C. Muttappa and has filed two
suits O.S.No.235/18 and O.S.No.446/18 in the Court of the
Civil Judge at Bagepalli against his father and other family
members for the relief of partition. The Petitioners father
T.C.Muttappa has also filed O.S.156/17 for the relief of
injunction against the Petitioner. The three suits are pending
before the Court of the Civil Judge at Bagepalli.

3. The petitioner submits that the 9.04 Guntas of land in

Sy.No.16/2 of Tattannagaripalli Village is in dispute in the
suit along with other portions of land. The father of the
Petitioner without any legal authority has sold 9.04.Guntas in
Sy.No.16/2 to the 5th Respondent by a registered sale deed
dated 23rd February 2019 registered in the office of the Sub
Registrar, Bagepalli. A copy of the sale deed dated
23.02.2019 executed by T.C.Muttappa in favour of the 5th
Respondent is produced herewith as ANNEXURE-D.
4. The 5th Respondent is a very close relative of the sitting MLA
of Bagepalli and he has purchased the property knowing
fully well about the pending litigations. The 5th Respondent
is now attempting to get the Khatha and other revenue
records changed to his name using his political influence.

5. The sale deed dated 23rd February 2019 is contrary to

Section 52 of the Transfer of Property Act 1882 and is an
illegal document. Any transfer of Khatha based on this
document will encourage the Petitioners father to sell more
land during the pendency of the suit in order to take away
the Petitioners rights and will lead to multiplicity of
proceedings.

6. The Petitioner has given 3 representations to the 2nd, 3rd and

4th Respondents informing them about the pendency of the
civil suits and requesting them not to transfer the Khatha in
the name of the 5th Respondent. The Respondents have not
considered the request of the Petitioner so far.

7. Being aggrieved by non-consideration of the

representations of the Petitioner by the respondents and
having no other alternative or efficacious remedy the
Petitioner has filed the above petition on the following
among other grounds.

8. The petitioner has not filed any other case or other

proceedings before this Hon’ble court on the same cause of
action.
 GROUNDS

9. The non-consideration of the representations is highly

illegal and contrary to law. The Respondents have to
consider the objections of the Petitioner and then pass
orders.

10. The sale deed dated 23rd February 2019 is an illegal

document which has been executed during the pendency of
O.S.156/17, O.S. 235/18 and O.S.No.446/18 before the Court
of the Civil Judge at Bagepalli.

11. The grant of Khatha in the name of the 5th Respondent

will encourage the Vendor who is the Petitioners father to
sell more property and will lead to multiplicity of
proceedings.

GROUNDS FOR INTERIM PRAYER

It is submitted that great loss and hardship will be caused to the

Petitioner if the Khatha of the property is transferred in the name
of the 5th Respondent since the sale deed has been executed
during the pendency of the suit. Therefore it is necessary to grant
an Interim Order as prayed for.

PRAYER

It is humbly prayed that this Hon’ble Court may be pleased to:

1. Issue a Writ of Mandamus directing the Respondents No.2,3

and 4 to consider the representations made by the
Petitioner at ANNEXURES-A, B & C dated 02.03.2019 and
provide an opportunity of being heard to the Petitioner;
 2. Issue a writ of mandamus directing the Respondents not to
change the khatha and other revenue records in favour of
the fifth Respondent;
3. Pass such further or other orders as this Hon’ble court may
deem fit in the interests of justice and equity.

INTERIM PRAYER

It is humbly prayed that this Hon’ble Court may be pleased to

pass an interim direction directing the Respondents not to
transfer the Khatha in the name of the 5th Respondent during the
pendency of this Petition in the interests of justice and equity.

BENGALURU ADVOCATE FOR PETITIONER

DATE:

ADDRESS FOR SERVICE

A C CHETHAN AND M R SURESH.

S-2, 2nd floor,
Jeevan building,
Kumarapark East,
Bengaluru-560001.
Ph: 9845511194.
 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

W.P. NO. /2019

BETWEEN:
BAYARA REDDY Petitioner

AND:
State of Karnataka
and others Respondents

SYNOPSIS

Sl. No. Date Events

1. 2017 The Petitioner father T.C.Muttappa has filed
O.S.156/17 for the relief of injunction against
the Petitioner.
2. 2018 The Petitioner has filed two suits
O.S.No.235/18 and O.S.No.446/18 in the
Court of the Civil Judge at Bagepalli against
his father and other family members for the
relief of partition
3. 23-2-2019 The father of the Petitioner without any legal
authority has sold 9.04.Guntas in Sy.No.16/2
to the 5th Respondent by a registered sale
deed dated 23rd February 2019 registered in
the office of the Sub Registrar, Bagepalli.
4. 2-3-2019 The Petitioner has given a representation to
the respondent no. 2 to 4 not to transfer the
Khatha in favour of the 5th Respondent in
respect of 9.04 Guntas of land in Sy.No.16/2
of Thattannagaripalli Village, Gulur Hobli,
Bagepalli Taluk.
Petitioners herein have filed the above petition seeking for a Writ
of Mandamus directing the Respondents No.2,3 and 4 to consider
the representations dated 2-3-2019 made by the Petitioner, in the
interests of justice and equity.

Place: Bengaluru
Date: Advocate for Petitioner
 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

W.P. NO. /2019

BETWEEN:
BAYARA REDDY Petitioner

AND:
State of Karnataka
and others Respondents

I N D E X

Sl. No. Particulars Page No.

1. Synopsis
2. Memorandum of Writ Petition under Art-
226 & 227 of Constitution of India
3. Verifying Affidavit
4. ANNEXURE-A. The copy of the
Representation dated 2-3-2019
5. ANNEXURE-B. The copy of the
Representation dated 2-3-2019.
6. ANNEXURE-C. The copy of the
Representation dated 2-3-2019.
ANNEXURE-D. The copy of the sale deed
dated 23-2-201.
7. Vakalath

Place: Bengaluru

Date: Advocate for Petitioner

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

W.P. NO. /2019

BETWEEN:
BAYARA REDDY Petitioner

AND:
State of Karnataka
and others Respondents
VERIFYING AFFIDAVIT

I, BAYARA REDDY S/o T.C.Muttappa, Aged about 40 Years,

R/at. Tattannagaripalli Village, Gulur Hobli, Bagepalli Taluk,
Chikkaballapur District, now at Bengaluru, do hereby solemnly
affirm and state on oath as follows.

1. I state that I am the petitioner in the above writ petition. I am

fully conversant with the facts and circumstances of the
above petition. Hence I am deposing hereunder.

2. I state that the averments made in the accompanying writ

petition in paragraphs 1 to 11 are all true and correct.

3. I state that annexure A to D is true copies of the originals.

What is stated above is true and correct to the best of my

knowledge, information and belief.

Identified by me,

Advocate
Place: DEPONENT
Date:
No. of Corrections