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2025 DAILYLAW 22856 (KAR)

SRI.S. NARAYANA v. THE DEPUTY COMMISSIONER

WP/12742/2024 · 2025-07-08

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24698 WP No. 12742 of 2024 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. 12742 OF 2024 (KLR-RES) BETWEEN: 1. SRI.S. NARAYANA AGED 56 YEARS S/O LATE S SADASHIVA 3RD BLOCK, JYOTHI NAGARA GONIKOPPAL TOWN PONNAMPET TALUK, KODAGU …PETITIONER (BY SRI. RANJAN KUMAR K., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MADIKERI, KODAGU DISTRICT-571201. 2. THE ASSISTANT COMMISSIONER KODAGU , MADIKERI-571201. 3. THE TAHSILDAR PONNAMPET TALUK KODAGU DISTRICT-571216. 4. THE REVENUE INSPECTOR PONNAMPET HOBLI, PONNAMPET-571216. 5. SMT VASANTHAMMA AGED 76 YEARS W/O LATE S SADASHIVA RESIDING AT 3RD BLOCK JYOTHINAGARA, GONIKOPPAL TOWN PONNAMPET TALUK Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24698 WP No. 12742 of 2024 KODAGU-571216. 6. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF REVENUE M S BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001 …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA FOR R-1 TO R-4 AND R-6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE FILE OF THE R1 IN RP NO.5/2023 AND THAT OF THE R2 IN RA NO.244/2018.19 AND SET ASIDE THE ORDER DTD 28.07.2023IN RP NO.5/2023 PASSED BY THE R1(ANNEXURE-H) AND ORDER DTD 15.12.2022 IN RA NO.244/2018.19 PASSED BY THE R2(ANNEXURE-F), ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Smt. Navya Shekhar, learned Additional Government Advocate accepts notice for respondents 1 to 4 and 6. 2. Heard the learned counsel appearing for the parties. 3. In this writ petition, the petitioner is assailing the order dated 28.07.2023 in RP No.5/2023 (Annexure- - 3 - HC-KAR NC: 2025:KHC:24698 WP No. 12742 of 2024 H), passed by the respondent No.1 and order dated 15.12.2022 in RA No. 244/2018-19 (Annexure-F) passed by the respondent No.2 inter-alia sought for restoration of MR No. H6/2015-16 (Annexure-C). 4. Having taken note of the finding recorded by the respondent-authorities, the respondent-authorities have changed the mutation as per the registered Sale Deed dated 14.08.2008 in favour of the private respondent No.5 herein. In that view of the matter, finding recorded by the both the authorities is just and proper. It is for the petitioner to establish his right, if any, over the schedule property before the competent Civil Court in accordance with law. Therefore, no interference is called for in this writ petition. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE SB:List No.: 1 Sl No.: 27