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2025 DAILYLAW 31043 (KAR)

SRI JAYASHANKAR H v. THE STATE OF KARNATAKA

WP/22005/2024 · 2025-03-03

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:8987 WP No. 22005 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 22005 OF 2024 (KLR-RES) BETWEEN: 1. SRI JAYASHANKAR H S/O LATE HANUMANTHAIAH AGED ABOUT 68 YEARS RESIDING AT MAKALI VILLAGE DASANAPURA HOBLI BENGALURU NORTH TALUK, KARNATAKA 562123 …PETITIONER (BY SRI. SANDESH.C.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY REVENUE DEPARTMENT DR AMBEDKAR VEEDHI M S BUILDING, BENGALURU 560001. 2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU DISTRICT KANDHYA BHAVAN, K G ROAD BENGALURU 560009. 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION KANDHYA BHAVAN, K G ROAD BENGALURU 560009. 4. THE DEPUTY TAHSILDAR BENGALURU NORTH SUB DIVISION KANDHYA BHAVAN Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8987 WP No. 22005 of 2024 K G ROAD, BENGALURU 560009. 5. SRI GOVINDA REDDY @ GOVINDAPPA S/O DODDA MUNIVENKATAPPA AGED MAJOR RESIDING AT MARIYAPPANAPALYA SRIRAMAPURA, BENGALURU 560021 …RESPONDENTS (BY SMT. B.P.RADHA., AGA FOR R-1 TO R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE OFFICE OF THE ASSISTANT COMMISSIONER-R-3 IN PROCEEDINGS BEARING NO. R.A.NO. 91/2003-2004 VIDE ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This writ petition is filed challenging an order by which the Assistant Commissioner has dismissed the appeal filed by the petitioner for non-prosecution. 2. Though in the normal circumstances, the order would be set aside and the matter would be remanded for consideration on merits, having regard to the fact that the order of dismissal for non-prosecution was passed in the year 2004 i.e., 21 years ago, in my - 3 - NC: 2025:KHC:8987 WP No. 22005 of 2024 view, it would not be appropriate to entertain this writ petition and this writ petition is therefore dismissed. 3. However, liberty is reserved to the petitioner to approach the Civil Court, if he were contend that there are rival claims being made on his land and the mutation made in respect of his land is incorrect. 4. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 9