Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:20137 WP No. 15969 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 15969 OF 2025 (KLR-RES) BETWEEN:
SMT. JAYAMMA, W/O LATE NANJUNDAIAH, AGED ABOUT 71 YEARS, R/AT MAVINAKERE VILLAGE, KASABA HOBLI, BHADRAVATHI TALUK-577301, SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI. CHETHAN A C., ADVOCATE) AND:
1.
STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001.
2.
MRS. LAKSHMAMMA, W/O LATE MASTHI GOWDA, AGED ABOUT 88 YEARS, R/AT MAVINAKERE VILLAGE, KASABA HOBLI, BHADRAVATHI TALUK- 577301, SHIVAMOGGA DISTRICT.
3.
THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SIR MV ROAD, SAVALANGA ROAD, SHIVAMOGGA-577201.
4.
THE ASSISTANT COMMISSIONER, SHIVAMOGGA SUB DIVISION, BALARAJ URS ROAD, SHIVAMOGGA-577201.
5.
THE TAHSILDAR, BHADRAVATHI TALUK,
Digitally signed by ANUSHA V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:20137 WP No. 15969 of 2025
JAI BHEEM NAGAR, BHADRAVATHI-577301, SHIVAMOGGA DISTRICT.
6.
SMT. THIMMAMMA, W/O LATE KEMPAIAH, AGED ABOUT 79 YEARS, R/AT MAVINAKERE VILLAGE, KASABA HOBLI, BHADRAVATHI TALUK-577301, SHIVAMOGGA DISTRICT.
7.
S. RAMESH, S/O SHIVANNA, AGED ABOUT 43 YEARS, R/AT MAVINAKERE VILLAGE, KASABA HOBLI, BHADRAVATHI TALUK-577301, SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SRI. SIDDHARTH BABU RAO, AGA FOR R1, R3 TO R5)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE COSNTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER OF THE 3RD RESPONDENT DEPUTY COMMISSIONER, SHIVAMOGGA IN RA.88/2022 DATED 31/7/2023 (ANNEXURE A). QUASH THE
ORDER OF THE 4TH RESPONDENT ASSISTANT COMMISSIONER, SHIVAMOGGA DATED 22/4/2022 IN PDA.223/2021- 22 (ANNEXURE B).
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
In this writ petition, petitioner is assailing the order dated 31.07.2023 passed in RA.No.88/2022 (Annexure-A) by the respondent No.3 and the order dated 22.04.2022 passed in PDA.No.223/2021-22 (Annexure-B) by the respondent No.4.
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HC-KAR NC: 2025:KHC:20137 WP No. 15969 of 2025
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate for the respondents - State.
3. Having taken note of the submission made by the
learned counsel appearing for the parties, the petitioner herein is assailing the impugned orders on the ground that, the Sale Deed said to have been made by the husband of the petitioner and his brother as shown in the tabular column by the respondent No.3 are affected by the law of fragmentation of land and therefore sought for interference of this Court.
4. Per-contra, Sri Siddharth Baburao, learned Additional Government Advocate for respondents - State submitted that, the mutation has been made pursuant to the execution of the registered Sale Deed as mentioned in the impugned orders.
5. In that view of the matter, taking into consideration the factual aspects on record as the land in question has been sold by the husband of the petitioner as set-out in the impugned orders at Annexures–A and B and also it is to be noted that the petitioner herein has filed O.S.No.18/2024 on
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HC-KAR NC: 2025:KHC:20137 WP No. 15969 of 2025
the file of Principal Senior Civil Judge, Bhadravathi, seeking declaration in respect of the land in question. Hence, I am of the view that, no interference is called for in this writ petition. Accordingly, writ petition is dismissed.
Sd/- (E.S.INDIRESH) JUDGE
GRD List No.: 1 Sl No.: 39