Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24700 WP No. 6259 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 6259 OF 2025 (KLR-RES) BETWEEN:
1.
SMT. MANJULA W/O. LATE BASAVARAJU AGED ABOUT 66 YEARS,
2. SMT.NIRMALAMMA W/O. SHANKARALINGAPPA AGED ABOUT 62 YEARS
3.
SRI. S. C. SURESH S/O. LATE S. L.CHENNAPPA, AGED ABOUT 61 YEARS
ALL THE PETITIONERS ARE R/AT SUGURU VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK, TUMKURU DISTRICT 572224. …PETITIONERS (BY SRI. NAGARAJA S., ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER TUMKUR DISTRICT-572101.
2.
THE ASSISTANT COMMISSIONER TIPTUR SUB-DIVISION TUMKUR DISTRICT-572201.
3.
THE THASILDAR TIPTUR TALUK TUMKUR DISTRICT-572201.
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24700 WP No. 6259 of 2025
4.
SRI. GURUMURTHY M.N S/O. MAHADEVAIAH AGED ABOUT 64 YEARS SOLUR VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK-572224.
5.
SRI. VEDAMURTHY S/O. LATE MAHADEVAIAH AGED ABOUT 62 YEARS R/AT. NEAR GANESHA TEMPLE, SHARADANAGARA, TIPTUR TOWN-572201.
6.
SMT. SAVITHA, W/O. NAGARAJU AGED ABOUT 40 YEARS
7.
SRI. VARUNKUMAR S/O. NAGARAJU AGED ABOUT 23 YEARS
R-6 AND R-7 ARE R/AT SOLUR VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK-572224.
8.
SMT. SUMA D/O. LATE MAHADEVAIAH, W/O. UMESH AGED ABOUT 50 YEARS R/O. UPPINAHALLI VILLAGE KIBBANAHALLI HOBLI, TIPTUR TALUK-572114. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO., AGA F-1 TO R-3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 05.01.2024 PASSED BY THE ASSISTANT COMMISSIONER, TIPTUR IN R.A.NO.260/23 ANNEXURE-E AND THE ORDER IN R.P.NO.17/2024 DATED 06.11.2024 PASSED BY THE DEPUTY COMMISSIONER, TUMKUR DISTRICT VIDE ANNEXURE-E AND F, ETC.
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HC-KAR NC: 2025:KHC:24700 WP No. 6259 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER Sri. Siddarth Baburao, learned Additional Government Advocate accepts notice for respondents 1 to 3.
2. Heard Sri. Nagaraja S., learned counsel appearing for the petitioner and Sri. Siddarth Baburao, learned Additional Government Advocate appearing for the respondent-State.
3. In this writ petition the petitioner is assailing the order dated 05.01.2024 in RA No.260 of 2023 (Annexure-E) passed by the respondent No.2, and
order dated 06.11.2024 in RP No.17 of 2024 on the file of the respondent No.1 (Annexure-F), inter-alia sought for direction to respondent No.3 to enter
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HC-KAR NC: 2025:KHC:24700 WP No. 6259 of 2025
correct measurement in respect of RTC extract and Mutation Register.
4. Having taken note of the submission made by the learned counsel for the petitioner and learned Additional Government Advocate, the finding recorded by the both the respondent-authorities would indicate that the petitioner is seeking measurement of the land in question pursuant to the Partition Deed said to have been executed during the year 1998 and thereafter, the petitioner herein has approached the respondent- authorities seeking change of mutation. That apart, the petitioner herein has filed suit in OS No.477 of 2023 before the competent Civil court and same is pending consideration. In that view of the matter, since the matter is of the civil in nature as the revenue authorities have no jurisdiction to adjudicate upon or interfere with the rights of the parties arising from such private arrangements, I do not find any
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HC-KAR NC: 2025:KHC:24700 WP No. 6259 of 2025
infirmity in the impugned orders passed by the respondent-authorities. It is open for the petitioner herein to establish his right in respect of subject land in a manner known to law before the appropriate forum. Accordingly, the writ petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 29