Bengaluru: In a setback for the state govt and Namma Whitefield RWA Federation Trust, a division bench of Karnataka high court has dismissed their writ appeal over certain parcels of land at Pattanduru Agrahara, KR Pura, which they claimed were part of a tank bed.
In 2018, the govt challenged a 1980 order of the Bengaluru South taluk land tribunal in favour of KB Munivenkatappa and his family members, citing that the issue was beyond its jurisdiction. The division bench, comprising Justices DK Singh and H Shanthi Bhushan, noted that the govt, which was given liberty by an appellate court to challenge the order in Dec 2008, took nine and a half years to file a writ petition in June 2018.
The court considered the historical revenue records, as well as the longstanding sale transactions concerning the property,” the division bench said. It is also relevant to note that the lower appellate court’s finding was not based solely upon the land tribunal order.
“The state cannot convert the plea of jurisdictional error into an independent means of reopening the entire dispute after having participated in the earlier proceedings and exhausted its appellate remedies.