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2025 DAILYLAW 36826 (KAR)

M.G.MUDEGOWDAPPA v. THE DEPUTY COMMISSIONER

WP/35551/2024 · 2025-06-23

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21802 WP NO.35551 OF 2024 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. 35551 OF 2024 (KLR-RES) BETWEEN: M.G. MUDEGOWDAPPA S/O MUDEGWODRA BASAPPA, AGED ABOUT 56 YEARS, R/O ALOOR VILLAGE, DAVANGERE TALUK, DAVANGERE DISTRICT - 577 001. …PETITIONER (BY SRI. M.G. MUDEGOWDAPPA, PETITIONER) AND: 1. THE DEPUTY COMMISSIONER DAVANAGERE, DAVANGERE DISTRICT - 577 001. 2. THE ASSISTANT COMMISSIONER DAVANGERE SUB-DIVISION, DAVANGERE DISTRICT - 577 001. 3. THE DEPUTY TAHASILDAR NADAKACHERI, ANEGODU, DAVANGERE TALUK, DAVANGERE DISTRICT - 577 001. 4. SMT. MANJAMMA W/O M.G. JAYAPPA, AGED ABOUT 60 YEARS, R/O ALOOR VILLAGE, DAVANGERE TALUK, DAVANGERE DISTRICT - 577 001. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R3) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21802 WP NO.35551 OF 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS PASSED BY THE RESPONDENT NO.1 IN CASE NO.RA-CR-21/2023-24 DATED 26TH NOVEMBER, 2024 VIDE ANNEXURE-E; DIRECT THE RESPONDENT NO.3 TO GRANT KATHA OF LAND BEARING SURVEY NO.243/1 MEASURING 6 ACRE 28 GUNTAS AND LAND BEARING SURVEY NO.230/2 MEASURING 5 ACRE 28 GUNTAS AS PER THE REGISTERED GIFT DEED DATED 01ST FEBRUARY, 2012 VIDE ANNEXURE-B IN THE NAME OF THE PETITIONER; AND ETC. THIS PETITION COMING ON FOR PRELIMINHARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER Sri. Siddharth Baburao, learned Additional Government Advocate accepts notice for respondents 1 to 3. 2. In this writ petition, the petitioner is assailing the order dated 26th November, 2024 (Annexure-E) passed in Case No.RA-CR-21/2023-24, wherein the revision petition filed by the petitioner was rejected by the respondent No.1; inter alia sought for direction to the respondent No.3 to issue Khata of the land in question in favour of the petitioner. 3. Having heard the learned Additional Government Advocate appearing for respondents 1 to 3, I have carefully examined the impugned order dated 26th November, 2024 (Annexure-E) passed in Case No.RA-CR-21/2023-24, wherein - 3 - HC-KAR NC: 2025:KHC:21802 WP NO.35551 OF 2024 the respondent No.1 had dismissed the revision petition filed by the petitioner on the ground that the Original Suit No.28 of 2012 is pending consideration before the competent Civil Court. In that view of the matter, unless the rights of the parties are crystalised in the pending suit, no interference be called for in this writ petition. Accordingly, writ petition is dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 28