Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21791 WP NO.16638 OF 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.16638 OF 2025 (KLR-RES) BETWEEN:
SRI. G.M. SUDEVAIAH S/O LATE G.M. MALLEGOWDA, AGED ABOUT 69 YEARS, R/AT: GOPALADEVARAHALLI VILLAGE GATE, BUKKAPATNA HOBLI, SIRA TALUK, TUMAKURU DISTRICT - 572 129. …PETITIONER (BY SRI. N. THIMMEGOWDA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS REVENUE SECRETARY, MULTI-STORIED BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU - 572 101. 3. THE ASSISTANT COMMISSIONER MADHUGIRI SUB-DIVISION, MADHUGIRI, TUMAKURU DISTRICT - 572 132. 4. THE TAHASILDAR SIRA TALUK, TUMAKURU DISTRICT - 572 137. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:21791 WP NO.16638 OF 2025
5. THE REVENUE INSPECTOR, BOOKKAPATNA HOBLI, SIRA TALUK, TUMAKURU DISTRICT - 572 129. 6. SMT. SUNANDAMMA, W/O LATE RAMACHANDRAPPA, AGED ABOUT 72 YEARS. 7. SRI. G.R. SWAMY @ BABU S/O LATE RAMACHANDRAPPA, AGED ABOUT 52 YEARS. 8. SRI. G.R. MILAN S/O LATE RAMACHANDRAPPA, AGED ABOUT 49 YEARS. RESPONDENTS 6 TO 8 ARE R/AT HOUSE NO.10, 2ND ROSS, 1ST MAIN, SIDDESHWARA LAYOUT, NAGASANDRA POST, BENGALURU - 560 073. 9. SRI. SHIVANNA, S/O LATE G.M. MALLEGOWDA, AGED ABOUT 74 YEARS. 10. SRI. PRASANNAKUMARA S/O SHIVANNA, AGED ABOUT 44 YEARS. 11. SMT. GIRIJAMMA W/O LATE KUMARASWAMY, AGED ABOUT 64 YEARS. 12. SRI. G.K. GOWDA S/O LATE KUMARASWAMY, AGED ABOUT 44 YEARS. - 3 -
HC-KAR NC: 2025:KHC:21791 WP NO.16638 OF 2025
13. SRI. KEERTHI S/O LATE KUMARASWAMY, AGED ABOUT 40 YEARS. RESPONDENTS 9 TO 13 ARE R/AT GOPALADEVARAHALLI VILLAGE, BUKKAPATNA HOBLI, SIRA TALUK, TUMAKURU DISTRICT - 572 129. 14. SRI. G.M. PAPEGOWDA S/O LATE G.M. MALLEGOWDA AGED ABOUT 64 YEARS, R/AT BEML QUARTERS, FLAT NO.34, B.R. AMBEDKAR ROAD, JAGADEESH NAGAR, NEW THIPPASANDRA, BENGALURU - 560 075. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 07TH APRIL, 2025 MADE IN R.P. NO. 09/2024 PASSED BY THE RESPONDENT NO.2-DEPUTY COMMISSIONER, TUMAKURU DISTRICT VIDE ANNEXURE-N AND THE ORDER DATED 25TH OCTOBER, 2023 PASSED BY THE RESPONDENT NO.3-ASSISTANT COMMISSIONER, MADHUGIRI SUB-DIVISION IN CASE NO.RRT(A)(SHI)87/2019-20 VIDE ANNEXURE -M; 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
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HC-KAR NC: 2025:KHC:21791 WP NO.16638 OF 2025
ORAL ORDER
Smt. Navya Shekhar, learned Additional Government Advocate accepts notice for respondents 1 to 5.
2. In this writ petition, the petitioner is assailing the
order dated 07th April, 2025 (Annexure-N) passed by the respondent No.2 in R.P. No.09/2024 and order dated 25th October, 2023 (Annexure-M) passed by the respondent No.3 in Case No.RRT(A)(SHI)87/2019-20.
3. Heard Sri. N. Timmegowda,
learned counsel appearing for the petitioner and Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents 1 to 5.
4. Having heard the learned counsel appearing for the parties and on perusal of the writ petition, the same would indicate that the land in question was the subject land in the suit filed by the petitioner in Original Suit No.40 of 2015 on the file of the Senior Civil Judge and JMFC., Sira and the said suit came to be dismissed. Being aggrieved by the same, the petitioner preferred Regular First Appeal No.101 of 2019, which is pending consideration before this Court. In that view of the
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HC-KAR NC: 2025:KHC:21791 WP NO.16638 OF 2025
matter, as the petitioner herein has to establish his right over the land in question in the pending appeal, I am of the considered opinion that the finding recorded by both the respondent-Authorities is just and proper. Therefore, no interference be called for in this petition. Accordingly, writ petition is dismissed.
SD/- (E.S. INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 36