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2025 DAILYLAW 24131 (KAR)

M.S.SUBBANNA v. THE DEPUTY COMMISSIONER

WP/11747/2025 · 2025-06-10

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19715 WP NO.11747 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.11747 OF 2025 (KLR-RES) BETWEEN: M.S. SUBBANNA S/O LATE M. SHESHAPPA AGED ABOUT 75 YEARS, OCC: AGRICULTURIST, BAIYAPPANAHALLI, KASABA HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT. …PETITIONER (BY SRI. HANUMANTHAPPA B. HARAVIGOWDAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 562 102. 2. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPUIRA - 562 101. 3. THE TAHSIDLAR CHIKKABALLAPUIRA TALUK, CHIKKABALLAPUIRA - 562 102. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19715 WP NO.11747 OF 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 10TH MARCH, 2025 VIDE ANNEXURE- H WITH IMMEDIATE EFFECT; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is seeking direction to the respondent No.3 to consider the representation dated 10th March, 2025 (Annexure-H) for effecting Khata in favour of the petitioner in respect of the land in question. 2. Heard Sri. Hanumanthappa B. Haravigowdar, learned counsel appearing for the petitioner and Sri. Siddharth Baburao, learned Additional Government Advocate appearing for respondents. 3. It is the grievance of the petitioner that the land in question belonged to the grandfather of the petitioner and he was in cultivation of the same. It is further stated in the petition that, civil proceedings have been initiated in respect of the land in question in Original Suit No.287 of 2014, wherein, - 3 - HC-KAR NC: 2025:KHC:19715 WP NO.11747 OF 2025 the competent Civil Court, dismissed the said suit preferred by the rival claimant, by judgment and decree dated 09th January, 2019 and same was confirmed in Regular Appeal No.32 of 2019, by judgment and decree dated 05th November, 2020 on the file of the I Additional Senior Civil Judge and JMFC., Chikkaballapur. 4. In that view of the matter, I am of the view that there is no impediment for the respondent No.3 to change the Khata in respect of the land in question in favour of the petitioner. Therefore, respondent No.3 is directed to consider the representation dated 10th March, 2025 (Annexure-H) taking into consideration the documents annexed by the petitioner along with the representation, within an outer limit of three months from the date of receipt of this order. Accordingly, writ petition is disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 69