Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22321 WP No. 14412 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 14412 OF 2025 (LB-RES) BETWEEN:
1.
SMT. CHAYADEVI, D/O GANGAPPA @ POOJARI GANGAPPA, AGED ABOUT 41 YEARS, RESIDING AT NO.959, 6TH WARD, NAYAKARA COLONY, ‘C’ BLOCK, VALMIKI NAGAR, GUDIBANDE TOWN, CHICKBALLAPUR DISTRICT-561 209.
2.
SRI GANGAPPA @ POOJARI, GANGAPPA LATE NARAYANAPPA, AGED ABOUT 69 YEARS, RESIDING AT NO.867, 6TH WARD, NAYAKARA COLONY, ‘C’ BOCK, VALMIKI NAGAR, GUDIBANDE TOWN, CHICKBALLAPUR DISTRICT-561 209. …PETITIONERS (BY SRI. B S GAUTHAM, ADVOCATE) AND:
1.
STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE,
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:22321 WP No. 14412 of 2025
M S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
2.
THE DEPUTY COMMISSIONER, CHICKBALLAPUR DISTRICT, CHICKBALLAPUR-562 101.
3.
THE CHIEF OFFICER, PATTAN PANCHAYAT, GUDIBANDE, CHICKBALLALPUR DISTRICT-562 109. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 & R2, SRI. MOHANA CHANDRA .P, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTUTION OF INDIA, PRAYING TO QUASH THE
ORDER DTD 03.03.2025 IN CASE NO. MUN.APPEAL/01/2024-25 PASSED BY THE DC, CHICKBALLAPUR DIST. CHICKBALLAPUR A COPY OF WHICH IS PRODUCED AT ANNX-F AND ALLOW THE SAID APPEAL AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
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HC-KAR NC: 2025:KHC:22321 WP No. 14412 of 2025
ORAL ORDER
The issues involved in the caption petition are substantially addressed by this court in WP.No.16407/2025. Para No.7 of the judgment is relevant and the same is extracted, which reads as under;
“7. Be that as it may, having regard to the fact that the civil suit is presently subjudice, this Court deems it appropriate to clarify that any observations or findings recorded by respondent No.2-Deputy Commissioner in the impugned
order shall not prejudice or influence the adjudication of rights in the pending civil suit. The question of title and the genuineness of the sale deed dated 13.03.1992 shall be independently determined by the competent Civil Court uninfluenced by any findings or remarks made by respondent No.2. Though the name of petitioner No.2 has now been directed to be deleted from the revenue records, such deletion shall be subject to the outcome of O.S. No.130/2024, and any final decision taken by the Civil Court in that suit shall prevail over the entries in the revenue records. Accordingly, the impugned order, in so far as it affects the petitioners' title, is held to be without jurisdiction and shall not affect the pending adjudication in the civil suit.
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HC-KAR NC: 2025:KHC:22321 WP No. 14412 of 2025
All contentions are kept open to be contested before the Civil Court. With these above observations, the writ petition stands
disposed off.”
In the light of observations made by this court, the caption petition also deserves to be disposed of, keeping all
contentions open to be agitated in pending civil suits.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE AKV List No.: 1 Sl No.: 8