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2025 DAILYLAW 3016 (KAR)

THE DEPUTY COMMISSIONER, v. KRISHNAMURTHY S/O PARASHURAM PAPALE,

WA/100047/2025 · 2025-03-19

C M Poonacha, S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5042-DB WA No. 100047 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100047 OF 2025 (KLR-RES) BETWEEN: 1. THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580001. 2. THE TAHASILDAR, NAVALAGUND, DISTRICT DHARWAD-582208. 3. OFFICE OF THE DEPUTY COMMISSIONER, AND TECHNICAL ASSISTANT INCHARGE, SURVEY SECTION, DHARWAD, DEPUTY DIRECTOR OF LAND RECORDS, DHARWAD-580001. …APPELLANT (BY SRI. V.S. KALASURMATH, AGA) AND: KRISHNAMURTHY, S/O PARASHURAM PAPALE, AGE ABOUT 74 YEARS, R/O 259, 26TH WARD, KADLI LINE, MAIN BAZAR, HOSAPETE-583201. …RESPONDENT THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 21.08.2024 IN W.P. NO.104368/2015, PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5042-DB WA No. 100047 of 2025 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present intra-court appeal under Section 4 of the Karnataka High Court Act, 1961 is filed by the State calling in question the order dated 21.08.2024 passed in W.P. No.104368/2015, whereunder the learned Single Judge has quashed the endorsement issued by the Deputy Director of Land Records and further observed that the revenue authorities are required to implement the order of civil court. 2. Although I.A. No.3/2024 is filed for condoning the delay of 113 days in filing the appeal, the learned Additional Government Advocate was called upon to make his submissions on the merits of the matter. 3. Although it is the vehement contention of the learned Additional Government Advocate appearing for the appellants-State that the boundaries, in terms of the order of the civil court, do not tally with the original village map, the stand of the official respondents is ex facie untenable and liable to be rejected having regard to the fact that a civil court of - 3 - NC: 2025:KHC-D:5042-DB WA No. 100047 of 2025 competent jurisdiction having passed the decree, the same is required to be implemented by the revenue authorities. 4. To a specific query as to whether the said fixing of the boundaries would involve government lands, it is the submission of the learned Additional Government Advocate that no government lands are involved in the present case. 5. In view of the above, the appellants have failed to demonstrate that the order of the learned Single Judge is, in any manner, erroneous and liable to be interfered with. Hence, no useful purpose would be served in favourably considering I.A. No.3/2024 for condonation of delay. 6. It is further noticed that despite the order passed by the learned Single Judge, the same has been challenged by the revenue authorities who are attempting to obstruct the implementation of an order of the civil court of competent jurisdiction. We are inclined to dismiss the present writ appeal by imposing suitable costs. However, on the fervent plea made by the learned Additional Government Advocate that, in future, such type of matters would not be filed, we refrain from imposing any costs. - 4 - NC: 2025:KHC-D:5042-DB WA No. 100047 of 2025 7. Having regard to the aforementioned, the above appeal is dismissed both on the ground of delay and on merits. Pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 8