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2025 DAILYLAW 55129 (KAR)

SRI.SRINIVASAIAH v. THE ASSISTANT COMMISSIONER

WP/28085/2025 · 2025-09-16

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36792 WP No. 28085 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28085 OF 2025 (KLR-RES) BETWEEN: SRI. SRINIVASAIAH S/O LATE BATHEPPA AGED ABOUT 63 YEARS R/AT CHIKKAYYURU VILLAGE VAKKALERI HOBLI KOLAR TALUK KOLAR 563 130. …PETITIONER (BY SRI. SOMASEKHARA K.H., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION KOLAR 563 101. 2. THE TAHSILDAR KOLAR TALUK KOLAR 563 101. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS, ISSUE AN ORDER, DIRECTION OR WRIT ITHE NATURE OF WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.2 TO GIVE EFFECT OF THE ORDER DATED 20.11.2024 MADE IN NO.ADM.C.R-1/2023 PASSED BY THE 1ST RESPONDENT, DIRECTING THE 2ND RESPONDENT TO HOLD AN ENQUIRY WITH REGARD TO BATTHEPPA HAS TWO WIVES OR NOT AND Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36792 WP No. 28085 of 2025 THEREAFTER ISSUE OF GENEALOGICAL TREE TO THE PETITIONER VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for both the respondents. 2. The grievance of the petitioner is that although respondent No.1-The Assistant Commissioner, Kolar Sub- Division issued directions to respondent No.2-the Tahsildar to conduct an enquiry, make a spot inspection, hear the parties and thereafter, pass necessary orders in the matter of furnishing the genealogical tree of the petitioner, no action has been taken by the Tahsildar. 3. Learned Additional Government Advocate, however, submits on instructions that despite several notices being issued to the petitioner, the petitioner has not participated in the proceedings. - 3 - HC-KAR NC: 2025:KHC:36792 WP No. 28085 of 2025 4. The Writ Petition is accordingly disposed of with a direction to respondent No.2 – the Tashildar, Kolar Taluk to issue notice to all concerned within a period of two weeks from the date of receipt of a copy of this order calling upon all the parties including the petitioner for further enquiry. Thereafter, respondent No.2-the Tahsildar shall proceed to pass necessary orders on the request made by the petitioner in the matter of preparation of genealogical tree and the orders shall be passed as expeditiously as possible and at any rate, within a period of four weeks from the date when the notices are issued and date is fixed for enquiry. 5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE BMC List No.: 1 Sl No.: 17