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2025 DAILYLAW 56656 (KAR)

K G SHANKARA BABU, v. STATE OF KARNATAKA

WP/20569/2025 · 2025-07-14

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25802 WP No. 20569 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 20569 OF 2025 (KLR-RES) BETWEEN: 1. K.G. SHANKARA BABU AGED ABOUT 73 YEARS S/O LATE GOVINDAPPA H/O LATE ARUNA KUMARI R/AT 267, 5TH MAIN, 10TH 'B' MAIN BEHIND POST OFFICE, J.C. NAGAR BASAVESHWARA NAGAR BENGALURU-560 079. …PETITIONER (BY SMT. SUSHEELA S., SENIOR ADVOCATE FOR SRI. SHIVARAJU M .K., ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDINGS, BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE TAHSILDAR CHIKKABALLAPURA TALUK CHIKKABALLAPURA-562 101. …RESPONDENTS (BY SRI. SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE SECOND RESPONDENT TO FORTHWITH REMOVE AND DELETE THE ENDORSEMENT OF THE INTERIM ORDER Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25802 WP No. 20569 of 2025 DATED 24.11.2020 VIDE ANNEXURE-B, IN COL.11 OF THE RTC EXTRACTS VIDE ANNEXURE-C SERIES PERTAINING TO THE LAND BEARING SY.NO.50/9 MEASURING 1 ACRE 30 GUNTAS, SY.NO.266 MEASURING 23 GUNTAS INCLUDING 1 GUNTAKARAB, SY.NO.267/1 MEASURING 36 GUNTAS, SY.NO.267/5 MEASURING 7 GUNTAS ALL ARE SITUATED AT SIDLAGHATTA BAGILU VILLAGE, KASABA HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned Senior Counsel Smt. Susheela S., appearing on behalf of the petitioner and Sri. Sidharth Baburao, learned AGA for the respondent-State. 2. The grievance of the petitioner, in this writ petition is to delete the entry of the order of stay dated 24.11.2020 by the respondent-authority. 3. Learned Senior Counsel appearing for the petitioner invited the attention of the Court to the RTC extracts at Annexure-C1, wherein, it is stated that the Court stay as per - 3 - HC-KAR NC: 2025:KHC:25802 WP No. 20569 of 2025 the order dated 03.09.2021 has been mentioned. It is submitted by the learned Senior Counsel that the relief sought for in the said suit is relating to the devolution of property by members of a joint family in a partition and therefore, sought for deletion of the entry made in Column No.11 of the RTC extract by considering the representation at Annexure-E to the writ petition. 4. Per contra, learned AGA, sought to justify the fact that since there are disputed question of facts involved and the interim order has been passed by the competent Civil Court and therefore there is no question of considering the representation at Annexure-E to the writ petition. 5. In the light of the submissions made by learned counsel appearing for the parties and taking into consideration the fact that the suit in O.S.No.348/2020 is pending consideration before the Civil Court and therefore, I am of the view that respondent No.2 shall consider the representation dated 01.04.2025 (Annexure-E) in accordance with law within an outer limit of three months from the date of receipt of this order. - 4 - HC-KAR NC: 2025:KHC:25802 WP No. 20569 of 2025 It is made clear that, this Court has not expressed anything on the merits of the case. The writ petition is disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE PGG