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2025 DAILYLAW 22108 (KAR)

KOMALA v. THE STATE OF KARNATAKA

WP/9843/2025 · 2025-04-16

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:15701 WP NO.9843 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE N S SANJAY GOWDA WRIT PETITION NO.9843 OF 2025 (KLR-RR/SUR) BETWEEN: KOMALA W/O LATE LAKSHMEGOWDA, AGED ABOUT 59 YEARS, R/O TEJURU VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT - 573 201. …PETITIONER (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. REP. BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201. 3. ASSISTANT COMMISSIONER, HASSAN SUB-DIVISION, HASSAN TALUK AND DISTRICT - 573 201. 4. TAHASILDAR, HASSAN TALUK, HASSAN DISTRICT - 573 201. 5. RAMEGOWDA S/O LATE T.R. RANGEGOWDA, AGED ABOUT 59 YEARS, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15701 WP NO.9843 OF 2025 R/O TEJURU VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT - 573 201. 6. HALEGOWDA S/O RAMEGOWDA, AGED ABOUT 66 YEARS, R/O TEJURU VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT - 573 201. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-D THAT IS THE ORDER DATED 06.02.2025 BEARING NO.R.P.41/2024-25 PASSED BY THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner filed this writ petition challenging the order dated 06.02.2025 passed by the respondent No.2-Deputy Commissioner in R.P.No.41/2024-25 under Section 136(3) of the Karnataka Land Revenue Act. 2. The respondent No.2-Deputy Commissioner, by the impugned order has upheld that the entries are required to be kept in the joint name of the petitioner and the respondent No.5 and he has also noticed that there is a - 3 - NC: 2025:KHC:15701 WP NO.9843 OF 2025 suit pending in O.S. No.399/2023 filed by one Asha for partition, in which, the petitioner and the respondent No.5 herein were in fact the parties. 3. In my view, in the light of the fact that a civil suit in O.S. No.399/2023 is filed and is pending, the order of the respondent No.2-Deputy Commissioner cannot be found fault with. It is needless to state that the revenue entries would ultimately abide by the decree that may be passed in O.S.No.399/2023. 4. Subject of aforesaid observation, writ petition stands dismissed. 5. It is made clear that, if there is any threat to the possession of the petitioner, it is open for the petitioner to make necessary application in the pending civil suit in O.S.No.399/2023. SD/- (N S SANJAY GOWDA) JUDGE ARK List No.: 1 Sl No.: 20