- 1 - HC-KAR NC: 2025:KHC:18659 WP No. 554 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 554 OF 2015 (KLR-RES) BETWEEN: SRI. SANNASUNKAPPA, S/O. SANNARAMAPPA, SINCE DECEASED BY HIS LRS, 1. SRI. SHEKARAPPA, S/O. SANNASUNKAPPA, AGED ABOUT 35 YEARS, OCC. AGRICULTURE, TQ. CHANNAGIRI, DIST. DAVANAGERE. 2. SRI. NAGARAJ, S/O. SANNASUNKAPPA, AGED ABOUT 34 YEARS, OCC: AGRICULTURE, R/O SBR COLONY, SANTEBENNUR, TQ: CHANNAGIRI, DIST: DAVANAGERE. …PETITIONERS (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO REVENUE DEPARTMENT, VIDHANA VEEDHI, BANGALORE - 1. 2. THE DEPUTY COMMISSIONER, DAVANAGERE, DIST: DAVANAGERE. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18659 WP No. 554 of 2015 3. THE ASSISTANT COMMISSIONER DAVANAGERE, DIST: DAVANAGERE. 4. THE TAHASILDAR CHANNAGIRI, TQ: CHANNAGIRI, DIST: DAVANAGERE. 5. THE DEPUTY TAHASILDAR, CHANNAGIRI, TQ: CHANNAGIRI, DIST: DAVANAGERE. 6. SRI. RAJAPPA S/O LATE KENCHAPPA, AGED ABOUT 55 YEARS, OCC: BUSINESS, R/O UPPAR BEEDHI, SANTEBENNUR VILLAGE, TQ: CHANNAGIRI, DIST: DAVANAGERE. 7. SMT. NAGAMMA S/O LATE DODDASUNKAPPA @ GUNDAPPA, AGED ABOUT 70 YEARS, OCC: HOUSE HOLD WORK, R/O SBR COLONY, SANTEBENNUR VILLAGE, TQ: CHANNAGIRI, DIST: DAVANAGERE. 8. SRI. JAYAPPA, S/O LATE DODDASUNKAPPA @ GUNDAPPA, AGED ABOUT 50 YEARS, OCC: BUSINESS, R/O SBR COLONY, SANTEBENNUR VILLAGE, TQ: CHANNAGIRI, DIST: DAVANAGERE. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 TO R5; SRI. GURURAJ R, ADVOCATE FOR R6; R7 AND R8 SERVED AND UNREPRESENTED) - 3 - HC-KAR NC: 2025:KHC:18659 WP No. 554 of 2015 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN RESPECT OF THE IMPUGNED ORDER DATED 28.11.2014 BEARING NO.R.A./CR-34/2012-13 ON THE FILE OF THE DEPUTY COMMISSIONER, DAVANAGERE VIDE ANNEX-C AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, petitioners are assailing the order dated 28.11.2014 (Annexure-C) passed by respondent No.2, confirming the order passed by respondent No.3 in RA/CR-80/2012-13 dated 03.12.2012. 3. Sri. G.I.Gachchinamath, learned counsel appearing for the petitioners contended that the petitioners herein are the children of one Sri.Sannasunkappa (Respondent No.1) in RA/CR-34/2012- 13 and the suit schedule property is the joint family - 4 - HC-KAR NC: 2025:KHC:18659 WP No. 554 of 2015 property of father of the petitioners. It is further contended that, one of the brothers of their father Sri.Sannasunkappa has sold the portion of land in question in favour of respondent No.6 and accordingly, it is contended by the learned counsel appearing for the petitioners that, the impugned order passed by respondent Nos.2 and 3, requires consideration in this writ petition. 4. Per contra, Sri. Gururaj.R, learned counsel appearing for respondent No.6, invited the attention of the Court to the finding recorded by respondent Nos.2 and 3 and contended that the legal representatives of the Sri.Sannasunkappa (petitioners herein) have filed OS.No.223/2011 on the file of Principal Civil Judge and J.M.F.C at Channagiri, seeking declaration in respect of the suit schedule property and the said suit came to be dismissed by judgment and decree dated 27.09.2022 and in view of the same, the writ petition deserves to be dismissed. - 5 - HC-KAR NC: 2025:KHC:18659 WP No. 554 of 2015 5. Sri. Manjunath.K, learned High Court Government Pleader appearing for the State sought to justify the impugned order. 6. In the light of the submission made by the learned counsel appearing for the parties, the land bearing Sy.No.46/3 measuring 4 acres 20 guntas of Doddabbigere Village, Santhebennur Hobli, Channagiri Taluk, belongs to one Kenchappa S/o.Giriappa as per the registered sale deed dated 25.03.1968. It is also forthcoming from the finding recorded by respondent No.2 that the petitioners herein have filed OS.No.223/2011 seeking relief of declaration that the plaintiffs therein have half share in the suit schedule properties and also challenged the sale deed dated 25.03.1968 executed by defendant No.2 therein. 7. In that view of the matter, considering the finding recorded by respondent-authorities as the impugned order has been passed by the respondent- authorities, taking into consideration the judgment and decree in OS.No.223/2011, I am of the view that, no - 6 - HC-KAR NC: 2025:KHC:18659 WP No. 554 of 2015 interference is called for in this writ petition under article 227 of the Constitution of India. Accordingly, writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE PK List No.: 1 Sl No.: 62 CT: BHK