Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14452 WP No. 105626 of 2024
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105626 OF 2024 (KLR-RR/SUR)
BETWEEN:
SRI. B. NAGARAJ S/O THIPPANNA, AGED ABOUT 53 YEARS, OCC. AGRICULTURIST, R/O. CHALUVADIKERI, NEAR OLD K.E.B., HOSAPETE, DIST. VIJAYANAGAR-583 201.
… PETITIONER (BY SRI. AMAREGOUDA M., ADVOCATE)
AND:
1.
STATE OF KARNATAKA, REVENUE DEPARTMENT, R/BY PRINCIPAL SECRETARY, BENGALURU-560 001.
2.
DEPUTY COMMISSIONER, VIJAYANAGAR, DIST. VIJAYANAGAR-583 201.
3.
ASSISTANT COMMISSIONER, HOSAPETE, DIST. VIJAYANAGAR-583 201.
4.
TAHASILDAR, HOSAPETE, DIST. VIJAYANAGAR-583 201.
5.
REVENUE INSPECTOR, HOSAPETE, DIST. VIJAYANAGAR-583 201.
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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HC-KAR NC: 2025:KHC-D:14452 WP No. 105626 of 2024
6.
H.Y. SURYA KUMAR, AGE ABOUT 48 YEARS, OCC. BUSINESS, S/O LATE H.R. GOVIYAPPA, MAJORS.
7.
H.G. RANGANA GOUDA, AGE ABOUT 40 YEARS, OCC. BUSINESS, S/O LATE H.R. GAVIYAPPA, MAJORS.
RESPONDENT NO. 6 AND 7, R/O. 5TH CROSS, NEHARU COLONY, HOSAPETE, DIST. VIJAYANAGARA-583 203.
… RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R5;
NOTICE TO R6 AND R7 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING ORDER DATED 25/05/2022 PASSED BY THE RESPONDENT NO.4/TAHASILDAR £ÀA/PÀA/¥ÀºÀt wzÀÄÝ¥Àr/69/21-22 AS ANNEXURE-K AND RESPONDENT NO.3/ASSISTANT COMMISSIONER ORDER DATED 20/09/2023 J.«¯ÉÃ:¸ÀA:PÀA:¥ÀºÀtÂ:C¦Ã®:272:2023-24 AS ANNEXURE-M AND ALSO THE RESPONDENT NO.2/DEPUTY COMMISSIONER ORDER DATED 04/04/2024 ¸ÀA.PÀA.C¦Ã®Ä/71/2023-24 AS ANNEXURE-N TO THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:14452 WP No. 105626 of 2024
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
This petition is filed assailing the order passed by the Assistant Commissioner and the Deputy Commissioner.
2. The petitioner filed an application to delete name of respondent No.7 in the property records of Sy.No.5/B of Hosur village, Hosapete Taluk. Petitioner claims right over the property under the sale deed dated 30.06.1970.
3. To the pointed question put by the Court as to whether name of respondent No.7 was found in the record of right prior to plaintiff’s purchase of the property on 30.06.1970,
learned counsel for the petitioner submits that the name of the respondent No.7 was found in the record of right to an extent of 45 cents. Learned counsel submits that entry is made without any basis as such, name of respondent No.7 is to be deleted in the property records to the extent of 45 cents.
4. Since it is stated that the name of respondent No.7 was found in the property records before the purchase of the property by the petitioner, this Court is of the view that the
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HC-KAR NC: 2025:KHC-D:14452 WP No. 105626 of 2024
petitioner has to establish his claim before the competent Civil Court. Thereafter based on the decree to be passed by the competent Civil Court, there can be a change in the property records of the petitioner succeeds in the suit. Hence, Writ petition is not entertained.
5. It is made clear that this Court has not expressed any opinion on the merits of the matter.
6. All contentions kept open.
7. The time spent in prosecuting the matter before the Assistant Commissioner and Deputy Commissioner is to be excluded in computing the limitation, if any.
8. Writ petition is disposed of.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
CLK CT:BCK LIST NO.: 1 SL NO.: 32