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2025 DAILYLAW 26111 (KAR)

SMT. GIRIJAMMA v. THE DEPUTY COMMISSIONER

WP/13260/2023 · 2025-06-06

E S Indiresh

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19403 WP No. 13260 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 13260 OF 2023 (KLR-RES) BETWEEN: SMT. GIRIJAMMA, W/O C. RAJU, AGE 60 YEARS, R/O GOUTHAM NAGAR, BANGARPETE TOWN, BANGARPET – 571 112. …PETITIONER (BY SRI. PRADEEP KUMAR R.H., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, KOAR DISTRICT – 571 112. 2. ASSISTANT COMMISSIONER, KOLAR SUB DIVISION, KOLAR – 571 112. 3. TAHSILDAR, BANGARPET TALUK – 571 112. 4. PILLAPPA, S/O MUNIGURAPPA, GOWTHAM NAGAR, BANGARAPETE TOWN – 571 112. …RESPONDENTS (BY SRI.MANJUNATH K., HCGP FOR R1 TO R3; SRI.M.R.NANJUNDA GOWDA, ADVOCATE FOR R4) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19403 WP No. 13260 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI SEEKING TO SET-ASIDE THE ORDER PASSED BY THE ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, KOLAR IN R.A. 62/2016-17 DATED 19-9-2018 AND 17-1-2019 AND ALSO THE ORDER PASSED BY THE DEPUTY COMMISSIONER KOLAR DISTRICT IN R.A.P NO.31/2019 DATED 11-12-2019 CONFIRMING THE ORDER OF THE ASSISTANT COMMISSIONER VIDE ANNX-A, A-1 AND B 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 Heard Sri. Pradeep Kumar R.H., learned counsel appearing for the petitioner, Sri. Manjunath K., learned HCGP appearing for the respondent-State and Sri. M.R. Nanjunda Gowda learned counsel appearing for respondent No.4. 2. In this petition, the petitioner is assailing the order dated 19.09.2018 and 17.01.2019 (Annexures-A, - 3 - HC-KAR NC: 2025:KHC:19403 WP No. 13260 of 2023 and A1) as well as the order dated 11.12.2011 in RAP No.31/2019 dated 11.12.2019 on the file of respondent No.1 herein. 3. Heard the learned counsels appearing for the parties, I have carefully examined the findings recorded by both the parties. 4. Having taken note the factual aspects, the petitioner herein claiming right over the property on the basis of the Will dated 11.02.1991 said to have been executed by her father in favour of the petitioner. It is also forthcoming from the writ papers that O.S.No.2/2008 has been filed with regard to the subject matter of the land in which the competent Court has considered the veracity of the Will stated above and accordingly, decreed the suit in part as per the judgment and decree dated 29.06.2016. 5. In that view of the matter, as the mutation entries have been made in terms of the judgment and decree passed by the competent Civil Court in - 4 - HC-KAR NC: 2025:KHC:19403 WP No. 13260 of 2023 O.S.No.2/2008, I am of the view that no interference is called for in this writ petition. Accordingly, petition stands dismissed. SD/- (E.S.INDIRESH) JUDGE RKA List No.: 1 Sl No.: 53