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2025 DAILYLAW 21010 (KAR)

SRI. C.ASHWATHAIAH v. THE DEPUTY COMMISSIONER

WP/27116/2019 · 2025-06-23

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21697 WP No. 27116 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 27116 OF 2019 (KLR-RR/SUR) BETWEEN: SRI C.ASHWATHAIAH, AGED ABOUT 64 YEARS, S/O LATE BALE CHANNAPPA, R/AT, MATHKUR VILLAGE, ANUGONDANAHALLI HOBLI, M.M. SANDRA POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT 560 067. …PETITIONER [BY SRI VINOD REDDY V., ADVOCATE (PH)] AND: 1. THE DEPUTY COMMISSIONER, 1ST FLOOR, BEERASANDRA VILLAGE, KUNDANU HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT 562 110. 2. THE ASSISTANT COMMISSIONER, DODDABALLAPURA, BENGALURU RURAL DISTRICT 561 203. 3. THE TAHSILDAR, HOSKOTE TALUK, BENGALURU RURAL DISTRICT PIN CODE - 562 114. 4. SRI M.C. KRISHNAPPA, AGED ABOUT 70 YEARS, S/O LATE BALE CHANNAPPA, R/AT, MATHKUR VILLAGE, ANUGONDANAHALLIHOBLI, M.M. SANDRA POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT 560 067. …RESPONDENTS [BY SRI SHIVASHANKAR K., ADVOCATE FOR C/R4 (PH); SRI MANJUNATH K., HCGP FOR R1 TO R3 (PH)] Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21697 WP No. 27116 of 2019 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE CONCERNED RECORDS AND SET ASIDE THE ORDER DATED 23.03.2019 PASSED BY THE R-1 IN RP NO.124/17 VIDE ANNEXURE-F AND THE ORDER DATED 28.04.17 PASSED BY THE R-2 IN RA(H) 377/12-13 VIDE ANENXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioner is assailing the order dated 23.03.2019 passed in R.P.No.124/2017 (Annexure-F) by the respondent No.1 and the order dated 28.04.2017 passed in RA (H) 377/2012-13 (Annexure-C) by the respondent No2. 2. Heard, Sri. Vinod Reddy V., learned counsel appearing for the petitioner, Sri. Manjunath K., learned High Court Government Pleader appearing for the respondents - State and Sri. Shivashankar K., learned counsel appearing for the respondent No.4. 3. The petitioner herein is assailing the M.R.No.61/1995-96 dated 15.03.1996 passed by the respondent No.3 in RA (H) 377/2012-13 and the respondent No.2 vide order dated 28.04.2017, remanded the matter to - 3 - HC-KAR NC: 2025:KHC:21697 WP No. 27116 of 2019 respondent No.3 to provide opportunity to all the parties concerned and to take decision in the matter. Pursuant to the said order at Annexure-C, the respondent No.3 has passed an order in M.R.No.H42/2019-2020 and same was challenged by the petitioner before respondent No.1 in R.P.No.159/2020. 4. The respondent No.1 vide order dated 12.12.2022, dismissed the R.P.No.159/2020 filed by the petitioner. Strangely, the said proceedings has not been produced by the petitioner herein which amounts to suppression of the facts by the petitioner and therefore, the petitioner is not entitle for the relief under Article 226 of the Constitution of India. Be that as it may, as the mutation made in favour of the private respondent herein has been confirmed by the respondent No.1 in R.P.No.159/2020, and therefore I am of the view that, no interference is called for in this writ petition. Accordingly, writ petition is rejected. Sd/- (E.S.INDIRESH) JUDGE GRD List No.: 1 Sl No.: 59