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2025 DAILYLAW 11522 (KAR)

SMT. KAVITHA v. THE DEPUTY COMMISSIONER

WP/202335/2024 · 2025-05-02

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC-K:2592 WP No. 202335 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.202335 OF 2024 (GM-RES) BETWEEN: 1. SMT. KAVITHA W/O HANAMANTHA, AGED ABOUT 39 YEARS, OCC: H.H.WORK, 2. KUM AMULYA D/O HANAMANTHA, AGED ABOUT 17 YEARS, OCC: STUDENT 3. KUM SANTOSH S/O HANAMANTHA, AGED ABOUT 14 YEARS, OCC: STUDENT, ALL ARE R/O: CHIKKAGALAGI, TQ: BABLESHWAR, DIST: VIJAYAPURA (PETITIONER NO.2 AND 3 SINCE MINORS ARE REPRESENTED BY THEIR NATURAL MOTHER) …PETITIONERS (BY SMT. RATNA N.SHIVAYOGIMATH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER VIJAYAPURA, DIST: VIJAYAPURA – 586 101. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2592 WP No. 202335 of 2024 2. THE ASSISTANT COMMISSIONER, VIJAYAPURA, DIST: VIJAYAPURA – 586 101. 3. SMT. TENGEVVA W/O BHEEMAPPA JAGADANI, AGED ABOUT 76 YEARS, R/O: KADARKOPPA, TQ: BADAMI, DIST: BAGALKOT – 587 201. 4. SMT. YAMANAKKA W/O TAMMANNA BADAKALI, AGED ABOUT 54 YEARS, OCC: HOSEWIFE, R/O: KAMAKERI, TQ: RAMADURGA, DIST: BELAGAVI – 591 123. 5. SMT. DRAKASHYINI W/O RAJEDNRA CHIGADANI, AGED ABOUT 46 YEAR, OCC: HOUSEHOLD WORK, R/O: JALANAGAR, BAGALKOT ROAD, VIJAYAPURA – 586 101. 6. SMT. SHARADA W/O BASANAGOUDA NAYAK, AGED ABOUT 41 YEARS, OCC: HOUSEHOLD WORK, R/O: KADARAKOPPA, TQ: BADAMI, DIST: BAGALKOTE – 587 201. …RESPONDENTS (BY SRI SHESHADRI JAISHANKAR M., A.G.A. FOR R1 AND R2; SRI DEEPAK V. BARAD, ADVOCATE FOR R3 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE AN ORDER WRIT OR ORDER IN THE NATURE OF CERTIORARI SETTING ASIDE THE ORDER DATED 24.06.2024 IN NO. NIL PASSED BY RESPONDENT NO.1, In SO FAR AS HANDING OVER THE HOUSED OR LANDED PROPERTY TO THE RESPONDENT NO.2 IS CONCERNED VIDE ANNEXURE-D AND ETC. - 3 - NC: 2025:KHC-K:2592 WP No. 202335 of 2024 THIS WRIT PETITION COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the petitioners and learned counsel for the respondents No.3 to 6 are present before the Court. 2. The contesting parties are before the Court. Learned counsel for the petitioners as well as the learned counsel for respondents No.3 to 6 have identified the parties. It is jointly submitted that the dispute is amicably settled. 3. The petition is filed challenging the orders passed by the Assistant Commissioner, Vijayapura and Deputy Commissioner, Vijaypura. The said orders relate to the deletion of name of the petitioners from the Record of Rights of the property bearing Sy.No.90/*/3, measuring 03 acres 22 guntas situated at Village:Jambagi(H), Taluk: Babaleshwar, District: Vijayapura. - 4 - NC: 2025:KHC-K:2592 WP No. 202335 of 2024 4. In terms of the settlement, the petitioners have paid Rs.10,00,000/- (Rupees Ten lakh only) to respondent No.3 in cash before this Court and 45 grams of gold. Respondent No.3 who is present before the Court along with her daughters acknowledged the receipt of the amount and also the ornaments as recorded in the Compromise Petition. 5. All the contesting respondents jointly submit that they have voluntarily entered into settlement. 6. Since the petitioner No.3 is minor, a memo is filed by the learned counsel for the petitioners stating that the settlement arrived at for the benefit of minor as well. The memo is taken on record. Affidavit filed by the minor guardian is also taken on record. 7. Settlement is accepted. 8. Accordingly, the impugned orders passed by the Deputy Commissioner, Vijayapura dated 24.06.2024 and the Assistant Commissioner, Vijayapura dated 28.03.2024 are quashed. - 5 - NC: 2025:KHC-K:2592 WP No. 202335 of 2024 9. The Writ Petition is disposed of in terms of Compromise Petition. Sd/- (ANANT RAMANATH HEGDE) JUDGE BL List No.: 2 Sl No.: 3