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2025 DAILYLAW 36054 (KAR)

SRI T RAJEGOWDA v. THE CHIEF EXECUTIVE OFFICER

WP/33746/2024 · 2025-02-14

N S Sanjay Gowda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6692 WP No. 33746 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33746 OF 2024 (LB-RES) BETWEEN: 1. SRI T RAJEGOWDA AGED ABOUT 67 YEARS, S/O LATE SRI THIMMEGOWDA R/AT D NO 97, KUTTAVADI VILLAGE (K S GADDIGE) KARIMUDDANAHALLI POST, BILIKERE HOBLI, HUNSUR TALUK – 571105 …PETITIONER (BY SRI. K S BHEEMAIAH., ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH MYSORE - 570005 2. THE EXECUTIVE OFFICER TALUK PANCHAYATH HUNSUR – 571105 3. THE PANCHAYATH DEVELOPMENT OFFICER KARIMUDDENAHALLI VILLAGE PANCHAYATH HUNSUR TALUK, MYSORE - 571105. 4. SRI K S MAHADEVA AGED ABOUT 65 YEARS, S/O LATE SRI SUBBACHAR 5. SRI K .S. SURESH AGED ABOUT 62 YEARS, S/O LATE SRI SUBBACHAR Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6692 WP No. 33746 of 2024 R-4 & R-5 ARE RESIDENT OF KUTTAVADI VILLAGE (K S GADDIGE) KARIMUDDANAHALLI POST, BILIKERE HOBLI, HUNSUR TALUK - 571105 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED. 22.07.2023 PASSED BY THE R-2 IN DISPUTE NO. 27/2023 TILL DISPOSAL OF THE SUIT IN O.S.NO. 107/2019 WHICH IS PENDING BEFORE THE 1ST ADDL. CIVIL JUDGE, AT HUNSUR WHICH IS AT ANNEXURE-L, 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. The petitioner is aggrieved by the dismissal of the appeal by the Executive Officer. The petitioner has preferred an appeal before the Appellate Authority against registration of E-khatha in favour of respondents 4 and 5. The Appellate Authority has refused to entertain the appeal on the ground that the petitioner has already preferred a suit in O.S.No.107/2019 and therefore, he could not entertain the claim of the petitioner. - 3 - NC: 2025:KHC:6692 WP No. 33746 of 2024 2. In my view, the reasoning of the Executive Officer in refusing to entertain the appeal of the petitioner cannot be found fault with. The writ petition is therefore dismissed. 3. It is needless to sate that in the event the petitioner obtains a declaratory decree in O.S.No.107/2019, obviously the authorities would be bound by the decree and would make entry in accordance with the decree. If the petitioner needs any interim protection, it is open for him to seek for the same in pending suit O.S.No.107/2019. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 41