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2025 DAILYLAW 21308 (KAR)

MAHADEVAIAH v. PUTTALAKSHMAMMA

WP/8535/2023 · 2025-06-02

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18580 WP No. 8535 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.8535 OF 2023 (KLR-RES) BETWEEN: MAHADEVAIAH S/O LATE B. RAMAIAH AGED ABOUT 54 YEARS R/AT DODDARAYAPETE VILLAGE KASABA HOBLI CHAMARAJANAGARA TALUK CHAMARAJANAGARA - 571 313. …PETITIONER (BY SRI. KUMARA K G.,ADVOCATE) AND: 1. PUTTALAKSHMAMMA W/O LATE S. KUNNAMADAIAH AGED ABOUT 74 YEARS 2. NITHYANANDASWAMY S/O LATE S. KUNNAMADAIAH AGED ABOUT 49 YEARS 3. D.K. DURGESH S/O LATE S. KUNNAMADAIAH AGED ABOUT 47 YEARS RESPONDENTS NO.1 TO 3 ARE R/AT DODDARAYAPETE VILLAGE KASABA HOBLI CHAMARAJANAGARA TALUK CHAMARAJANAGARA - 571 313. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18580 WP No. 8535 of 2023 4. THE TAHSILDAR GUNDLUPETE TALUK GUNDLUPETE - 571 111. 5. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR - 571 313. 6. THE ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION KOLLEGALA CHAMARAJANAGARA - 571 440. 7. A. MAHADEVASWAMY S/O LATE ARASAPPA AGED ABOUT 54 YEARS R/AT DODDARAYAPETE VILLAGE, KASABA HOBLI CHAMARAJANAGARA TALUK CHAMARAJANAGARA - 571 313. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R4 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER IN RA.07/2019-20 DATED 16.05.2022 (ANNEXURE-D) PASSED BY THE RESPONDENT NO.5 AS THE SAME IS ILLEGAL ARBITRARY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:18580 WP No. 8535 of 2023 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Learned Additional Government Advocate is directed to take notice for respondent Nos.4 to 6. 2. In this writ petition, petitioner is assailing the Order dated 16.05.2022 in R.A.No.7/19-20(Annexure-D) passed by respondent No.5 and also sought for a direction to respondent No.4 to transfer the khata and mutation in favour of the petitioner in respect of the subject land. 3. Having taken note of the submissions made by the learned counsel appearing for the petitioner and the learned Additional Government Advocate, I have carefully examined the finding recorded by respondent No.5 in R.A.No.7/19- 20(Annexure-D). Taking into consideration the fact that the respondents herein have questioned the title of the petitioner herein and also it is forthcoming in the impugned order that there are sale deed dated 17.11.1957 and the relinquishment deed dated 31.08.1959 are produced, I am of the view that, the disputed questions of fact are involved in the matter. - 4 - HC-KAR NC: 2025:KHC:18580 WP No. 8535 of 2023 Accordingly, I am of the view that, there is no infirmity in the order at Annexure-D passed by respondent No.5. In that view of the matter, it is open for the petitioner to approach Civil Court to establish his rights in a manner known to law, if so advised. 5. With the above observation, the Writ Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 34