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2025 DAILYLAW 22861 (KAR)

SMT R DAKSHAYANI v. THE STATE OF KARNATAKA

WP/11388/2025 · 2025-06-26

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22549 WP NO.11388 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.11388 OF 2025 (KLR-RES) BETWEEN: SMT R. DAKSHAYANI W/O SRI. G.H. SHARANAPPA AGED ABOUT 55 YEARS, OCC: AGRICULTURIST, R/O THIMMALAPURA VILLAGE, DEVASAMUDRA HOBLI, MOLAKALMURU TALUK, CHITRADURGA DISTRICT. PRESENTILY RESIDINT AT: NO.112, PRESIDENT LEAN APARTMENT, DUO MARVEL LAYOUT, YALAHANKA, BENGALURU - 560 064. …PETITIONER (BY SRI. CHANDRASHEKAR P. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU - 560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA - 577 501. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22549 WP NO.11388 OF 2025 3. THE ASSISTANT COMMISSIONER CHITRADURGA SUB-DIVISION, CHITRADURGA - 577 501. 4. THE TAHASILDAR, MOLAKALMURU TALUK, MOLAKALMURU, CHITRADURGA DISTRICT - 577 535. 5. SMT. PUSHPAVATHI W/O SIDDAMALLAPPA AGE: MAJOR, R/AT BEHIND KENDRIYA VIDYALAYA, BANDIHATTI, WARD NO.29, KOL BAZAAR, BALLARI - 583 102. PRESENTLY RESIDING AT: SHIRWAR VILLAGE, BALLARI TALUK, BALLARI DISTRICT - 583 102. 6. SRI. G.H. SHARANAPPA S/O LATE GADDE HANUMANTHAPPA, AGED ABOUT 66 YEARS, RETIRED GOVT. SERVANT, R/O THIMMALAPURA VILLAGE, DEVASAMUDRA HOBLI, MOLAKALMURU TALUK, CHITRADURA DISTRICT - 577 535. PRESENTLY RESIDING AT: PLOT NO.202, 3RD FLOOR, CREATIVE (SURAJ APARTMENT), 5TH CROSS, 5TH MAIN, C.P.V. BLOCK, GANGANAGAR EXTENSION, R.T.NAGAR, BENGALURU - 560 032. 7. SRI. VIJAYKUMAR S/O G.H. SHARANAPPA AGE: MAJOR, R/O TIMMALAPURA VILLAGE, DEVASAMUDRA HOBLI, - 3 - HC-KAR NC: 2025:KHC:22549 WP NO.11388 OF 2025 MOLAKALMURU TALUK, CHITRADURGA DISTRICT - 577 540. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 26TH NOVEMBER, 2024 PASSED BY THE RESPONDENT NO.2 IN REVISION PETITION NO.19/2024 VIDE ANNEXURE-S, ORDER DATED 20TH APRIL, 2021 PASSED BY THE RESPONDENT NO.3 IN R.A. NO.42/2019-20 VIDE ANNEXURE-Q AND ORDER DATED 26TH OCTOBER, 2017 PASSED BY THE RESPONDENT NO.4 IN CASE NO.RRT(DIS) CR:42/2016-17 VIDE ANNEXURE-N; AND 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. 2. In this writ petition, petitioners are assailing the order dated 26th November, 2024 (Annexure-S) passed by the respondent No.2 in Revision Petition No.19/2024; order dated 20th April, 2021 (Annexure-Q) passed by the respondent No.3 in R.A. No.42/2019-20; and order dated 26th October, 2017 (Annexure-N) passed by the respondent No.4 in Case No.RRT(Dis) CR:42/2016-27. - 4 - HC-KAR NC: 2025:KHC:22549 WP NO.11388 OF 2025 3. Heard Sri. Chandrashekar P. Patil, learned counsel appearing for petitioners and Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents 1 to 4. 4. Having taken note of the submission made by learned counsel appearing for the parties and on careful examination of the impugned order dated 26th November, 2024 (Annexure-S) passed by the respondent No.2 would indicate that there are two suits pending consideration before the competent Civil Court in Original Suit Nos.170 of 2017 and 171 of 2017 said to have been filed by the petitioners, seeking relief in respect of the subject matter of the land in question. Petitioners herein are claiming the right in respect of the land in question through the Will. In that view of the matter, unless the propounder of the Will is proved before the competent Civil Court in the pending suits, I do not find any merits in the petition, Accordingly, writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 31