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2025 DAILYLAW 30357 (KAR)

SRI M B SIDDEGOWDA v. THE DEPUTY COMMISSIONER

WP/19288/2025 · 2025-07-04

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24058 WP NO.19288 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.19288 OF 2025 (KLR-RES) BETWEEN: SRI. M.B. SIDDEGOWDA S/O. LATE BOREGOWDA, AGED ABOUT 64 YEARS, R/AT VISHAL ARCADE, LALITHMAHAL NAGAR, ALAANAHALLI POST, MYSURU - 570 028. …PETITIONER (BY SRI. SURESH S., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MYSURU DISTRICT, KRISHNARAJA BLVD ROAD, K.G. KOPPAL, MYSURU - 570 001. 2. THE ASSISTANT COMMISSIONER, MYSURU SUB-DIVISION, VINOBA ROAD, MYSURU - 570 005. 3. THE TAHSILDAR, MYSURU TALUK, VINOBA ROAD, MYSURU - 570 005. 4. M.B. BOREGOWDA, S/O LATE BOREGOWDA, AGED ABOUT 87 YEARS. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24058 WP NO.19288 OF 2025 5. SMT. LAKSHMAMMA W/O M.B. BOREGOWDA, AGED ABOUT 76 YEARS. 6. M.B. MANJUNATH, S/O M.B. BOREGOWDA, AGED ABOUT 54 YEARS. RESPONDENTS 4 TO 6 ARE R/AT MELLAHALLI, HAROHALLI POST, VARUNA HOBLI, MYSURU TALUK - 570 028. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET- ASIDE THE COMMON ORDER DATED 29TH APRIL, 2025 PASSED BY THE RESPONDENT NO.1 IN CASE NOS.RP/126/2024, RP/127/2024 AND RP/128/2024 VIDE ANNEXURE-A AND CONFIRM THE ORDER DATED 21ST JUNE, 2024 PASSED BY THE RESPONDENT NO.2 IN CASE NOS.R.A.265/2023, R.A.264/2023 AND R.A.210/2023 VIDE ANNEXURE-J; 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 ORAL ORDER Smt. Navya Shekhar, learned Additional Government Advocate accepts notice for respondents. - 3 - HC-KAR NC: 2025:KHC:24058 WP NO.19288 OF 2025 2. In this writ petition, the petitioner is assailing the order dated 29th April, 2025 (Annexure-A) passed by the respondent No.1 in Case Nos.RP/126/2024, RP/127/2024 and RP/128/2024. 3. Heard Sri. S. Suresh, learned counsel appearing for the petitioner and Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents 1 to 3. 4. Having heard the learned counsel appearing for the parties and on perusal of the averments made in the writ petition, the same would indicate that the change of Khata has been made in the revenue entries pertaining to the land in question in pursuance of the registered Gift Deed dated 07th September, 2022 made in favour of the respondent No.6 by his father M.B. Boregowda. In this regard, Regular Appeal No.175 of 2023 is pending consideration before the competent Civil Court. Therefore, the finding recorded by the respondent No.1 in the impugned order dated 29th April, 2025 (Annexure-A) in Case Nos.RP/126/2024, RP/127/2024 - 4 - HC-KAR NC: 2025:KHC:24058 WP NO.19288 OF 2025 and RP/128/2024 is just and proper as the Khata has been changed in terms of the registered Gift Deed dated 07th September, 2022. In that view of the matter, I do not find any merit in the writ petition. Accordingly, writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 34