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2025 DAILYLAW 14489 (KAR)

SRI RONALD KENUTE MENEZES v. THE DEPUTY COMMISSIONER

WP/2456/2025 · 2025-02-05

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:5180 WP No. 2456 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2456 OF 2025 (KLR-RES) BETWEEN: SRI RONALD KENUTE MENEZES S/O JEROME MENEZES, AGED ABOUT 49 YEARS, R/AT RENJALADY, KOKKDADA POST, BELATHANGDY TALUK, D K DISTRICT - 574198 …PETITIONER (BY SRI. SACHIN B S, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALURU - 575001 2. THE ASSISTANT COMMISSIONER PUTTUR, DAKSHINA KANNADA - 574201 3. THE TAHSILDAR PUTTUR, DAKSHINA KANNADA - 574201 4. THE REVENUE INSPECTOR UPPINANGADY, PUTTUR TALUK - 574201 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5180 WP No. 2456 of 2025 5. SMT POORNIMA D/O NARAYAN GOWDA R/AT ASHWATHADI HOUSE, NELIYADI VILLAGE, PUTTUR TALUK, D.K. DISTRICT. …RESPONDENTS (BY SRI.MANJUNATH.K, HCGP FOR R1 TO 4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 26.07.2024 IN NO. RAP/14/2022 PASSED BY THE DEPUTY COMMISSIONER R-1 HEREIN AS PER ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The Deputy Commissioner while entertaining the revision filed by 5th respondent has relegated the petitioner to substantiate his right and title by proving genuinity before the competent Civil Court. The said order passed by the Deputy Commissioner is under challenge. 2. The issue on hand is fairly covered by the judgment rendered by Full Bench of this Court in case of C.N.Nagendra Singh Vs. the Special Deputy - 3 - NC: 2025:KHC:5180 WP No. 2456 of 2025 Commissioner, Bengaluru District and Others1, clearly lies the guidelines to the Revenue Authorities not to act upon the Wills exercising power under Sections 128 and 129 of the Karnataka Land Revenue Act. At this juncture learned counsel for petitioner has also brought to the notice of this Court that petitioner has already approached Civil Court by filing suit. 3. Noting the said statement, this Court is of the opinion that writ petition is devoid of merits and accordingly dismissed. However, this order will not come in the way of petitioner in substantiating his claim in the pending suit. SD/- (SACHIN SHANKAR MAGADUM) JUDGE RR List No.: 1 Sl No.: 29 1 ILR 2002 KAR 2750