V S LINGAPPA S/O. LATE V. NAGAPPA v. THE DEPUTY COMMISSIONER
WP/105555/2025 · 2025-08-23
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37386 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37386 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:10756 WP No. 105555 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 105555 OF 2025 (KLR-RR/SUR)
BETWEEN:
V S LINGAPPA S/O. LATE V. NAGAPPA, AGED ABOUT 58 YEARS, OCC. AGRICULTURE, R/O. HALE DAROJI VILLAGE-583129, TQ. SANDUR, DIST. BALLARI. …PETITIONER (BY SRI. M.M. PATIL, ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER BALLARI DISTRICT, BALLARI-583101.
2.
THE ASSISTANT COMMISSIONER BALLARI DISTRICT, BALLARI-583101.
3.
THE TAHASILDAR SANDUR TALUKA, SANDUR-583119. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, I. QUASH THE ORDER PASSED BY
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
- 2 -
HC-KAR NC: 2025:KHC-D:10756 WP No. 105555 of 2025
THE DEPUTY COMMISSIONER BALLARI VIDE ANNEXURE-A BEARING ITS NO.REV/APL/69/2024 DATED 06-11-2024 CONSEQUENTLY QUASH THE ORDER PASSED BY THE ASSISTANT COMMISSIONER BALLARI AS PER ANNEXURE-B BEARING ITS NO.RCCMS CASE ID.BHOOMI/35/18-19 NO./KANDAYA/BHOOMI/35/2018-19 DATED 18-07-2022.II.
PASS ANY SUCH OTHER ORDERS AS THIS HON BLE COURT DEEMS FIT IN THE FACT AND CIRCUMSTANCES OF THE ABOVE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: i. Quash the
order passed by the Deputy Commissioner Ballari vide Annexure-A bearing its No.REV/APL/69/2024 dated 06-11-2024 consequently quash the order passed by the Assistant Commissioner Ballari as per Annexure-B bearing its No.RCCMS Case Id.Bhoomi/35/18-19 No./Kandaya/Bhoomi/35/2018-19 dated 18-07-
2022.
ii. Pass any such other orders as this Hon’ble Court deems fit in the fact and circumstances of the above case.
2. The grievance of the petitioner is that the petitioner’s name has been deleted from the record of rights by
- 3 -
HC-KAR NC: 2025:KHC-D:10756 WP No. 105555 of 2025
the impugned orders without considering the documents submitted by the petitioner.
3. A perusal of Annexure-B, order passed by the Assistant Commissioner does not indicate any
consideration of the petitioner’s claim. This has been confirmed by the Deputy Commissioner in Annexure- A. Both these orders refer to the report submitted by Thasildhar, but it is evident that neither of the authorities has considered the claim or the documents submitted by the petitioner. In view of the above, I pass the following:
ORDER i. The Writ petition is allowed. ii. A writ of certiorari is issued quashing the order dated 06-11-2024, passed by the Deputy Commissioner, Ballari vide Annexure-A and the
order dated 18-07-2022, passed by the Assistant Commissioner, Ballari vide Annexure- B.
- 4 -
HC-KAR NC: 2025:KHC-D:10756 WP No. 105555 of 2025
iii. The matter is remitted to the Assistant Commissioner (Respondent No. 2) for fresh
consideration, with an opportunity of hearing to the petitioner. iv. The petitioner shall appear before the Assistant Commissioner on 08.09.2025 at 2:30 p.m. without any further notice.
Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 4