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2025 DAILYLAW 16812 (KAR)

SRI VITTAL B v. THE STATE OF KARNATAKA

WP/4517/2025 · 2025-03-14

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:10581 WP No. 4517 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4517 OF 2025 (KLR-RES) BETWEEN: 1. SRI VITTAL B S/O. LATE. BASAVARAJAPPA, AGED ABOUT 46 YEARS, R/AT. NEHRU NAGAR, 1ST CROSS HOLALKERE ROAD CHITRADURGA - 577 501. …PETITIONER (BY SRI. V B SIDDARAMAIAH.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU 560 001. REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT HARIHAR ROAD, KARUR INDUSTRIAL AREA DAVANAGERE-577004 3. THE ASSISTANT COMMISSIONER, DAVANAGERE SUB-DIVISION HARIHAR ROAD, KARUR INDUSTRIAL AREA DAVANAGERE- 577 004 4. THE TAHASILDAR, JAGALURU TALUK, DAVANAGERE DISTRICT - 577 528. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10581 WP No. 4517 of 2025 5. SRI. K. R. MUDDAPPA S/O. LATE. K. H. RANGAPPA AGED ABOUT 58 YEARS, 6. SMT R BHAGYAMMA D/O. LATE. K. H. RANGAPPA AGED AGED ABOUT 56 YEARS 7. SMT SAKAMMA D/O. LATE. K. H. RANGAPPA AGED AGED ABOUT 53 YEARS 8. SMT. GIRIJAMMA D/O. LATE. K. H. RANGAPPA AGED ABOUT 51 YEARS R-5 TO R-8 ARE R/AT KAMANDALAGONDI VILLAGE-577 528. JAGALURU TALUK, DAVANAGERE DISTRICT. 9. SMT. PUTTAMMA W/O. LATE. HANUMANTHAPPA AGED ABOUT 75 YEARS R/AT. HIREMALLANAHOLE VILLAGE, JAGALURU TALUK, DAVANAGERE DISTRICT-577 528. 10. SMT. THIPPAMMA W/O. LATE. RANGAPPA D/O. SANNAHANUMANTHAPPA AGED ABOUT 76 YEARS R/AT. 1ST CROSS, HOLALKERE ROAD NEHRUNAGARA, CHITRADURGA - 577 526. 11. SRI. BHARATH BHUSHAN. M. S/O. LATE. MANJUNATHA M AGED ABOUT 32 YEARS 12. SRI . SHARATH BABU S/O. LATE. MANJUNATHA M AGED ABOUT 30 YEARS R/AT. KORATIKERE VILLAGE - 3 - NC: 2025:KHC:10581 WP No. 4517 of 2025 JAGALURU TALUK, DAVANAGERE DISTRICT - 577 528. 13. SRI. B. T. ESHWARAPPA S/O. LATE. THIPPAIAH AGED NOT KNOWN TO PETITIONER 14. SRI. E. THIPPERUDRAPPA S/O. LATE. THIPPAIAH AGED NOT KNOWN TO PETITIONER 15. SRI E THIPPERUDRAPPA S/O B T ESHWARAPPA AGED NOT KNOWN TO PETITIONER R-13 TO 15 ARE R/AT BENNEHALLI VILLAGE - 577 528, JAGALURU TALUK, DAVANAGERE DISTRICT. 16. SMT. E. ANASUYAMMA W/O LATE RANGAPPA AGED NOT KNOWN TO PETITIONER R/AT. KAMANDALAGONDI VILLAGE-577 528. JAGALURU TALUK, DAVANAGERE DISTRICT. …RESPONDENTS (BY SRI. V.SHIVA REDDY, AGA FOR R-1 TO R-4; SRI. H.M HARSHA., ADVOCATE FOR C/R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED:13.01.2025 PASSED BY THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, HARIHARA ROAD, KARUR INDUSTRIAL AREA, DAVANAGERE, PASSED IN CASE NO. RA/CR.146/2023-24 VIDE ANNEXURE-R, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 4 - NC: 2025:KHC:10581 WP No. 4517 of 2025 ORAL ORDER 1. A perusal of the order of the Deputy Commissioner indicates that the Deputy Commissioner refused to entertain the revision of the petitioner on two grounds. Firstly on the ground that, despite the assertions that there was a sale deed of the year 1988-89, the khata was not changed and, secondly on the ground that, the petitioner was already before the Civil court in O.S.No.282/2024 seeking for a declaration and, therefore, it would not be permissible to enter into the controversy as to whether the name of the petitioner should be entered in the revenue records. 2. In my view, the reasoning of the Deputy Commissioner cannot be found fault with, especially when it is noticed that the petitioner has already instituted O.S.No.282/2024 seeking for a declaration. 3. I find no reason to entertain this writ petition. This writ petition is therefore dismissed. - 5 - NC: 2025:KHC:10581 WP No. 4517 of 2025 4. However, it is needless to state that the revenue entries will have to abide by the decision rendered by the Civil Court in O.S.No.282/2024. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 16