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2025 DAILYLAW 59737 (KAR)

DURGESHA S/O DOLAPPA v. THE DEPUTY COMMISSIONER

WP/102523/2025 · 2025-12-01

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:16851 WP No. 102523 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102523 OF 2025 (KLR-RR/SUR) BETWEEN: DURGESHA S/O. DOLAPPA, AGE: 30 YEARS, OCCUPATION: AGRICULTURE, R/O: WARD NO 17, BASAVANA KYAMPA, TAVARGERA, TALUKA KUSHTAGI, DIST: KOPPAL. …PETITIONER (BY SRI. D. L. LADKHAN, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, KOPPAL DISTRICT, HOSPETE ROAD, KOPPAL. 2. THE ASSISTANT COMMISSIONER, KOPPAL SUB DIVISION, KOPPAL TALUKA AND DISTRICT KOPPAL. 3. THE TAHSILDAR, KUSHTAGI, DISTRICT KOPPAL. …RESPONDENTS (BY SRI T.HANUAMAREDDY, AGA FOR RESPONDENTS/STATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ANY APPROPRIATE WRIT OR ANY APPROPRIATE ORDER OR ANY DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO ENTER THE NAMES AS PER DECREE PASSED IN O.S. NO.589/2023 DATED 09-12-2023 IN THE RECORD OF RIGHTS PERTAINING TO SURVEY NO. 24 OF METTINALLI VILLAGE, TAVARGERE CIRCLE, KUSHTAGI TALUKA IN THE INTEREST OF JUSTICE, WITHIN TIME FRAME. 2) TO ISSUE ANY APPROPRIATE WRIT OR ANY APPROPRIATE ORDER OR ANY DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO CANCEL THE PROCEEDINGS INITIATED AS DISPUTED CASE, PURSUANT TO PASSING OF DECREE IN O.S. NO. 589/2023 DATED 09.12.2023 BY VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.02 11:53:11 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16851 WP No. 102523 of 2025 PRINCIPAL CIVIL JUDGE AND JMFC, KUSHTAGI, IN THE INTEREST OF JUSTICE ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. To issue any appropriate writ or any appropriate order or any direction in the nature of Writ of Mandamus directing the Respondent to enter the names as per decree passed in O.S.No.589/2023 dated 09-12-2023 IN THE Record of rights pertaining to Survey No. 24 of Mettinalli Village, Tavargere Circle, Kushtagi Taluka in the interest of justice, within time frame. B. To issue any appropriate writ or any appropriate order or any direction in the nature of Writ of Mandamus directing the Respondent to cancel the proceedings initiated as Disputed case, pursuant to passing of decree in O.S. No. 589/2023 dated 09-12-2023 by Principal Civil Judge and JMFC, Kushtagi, in the interest of justice. 2. The petitioner is before the Court seeking his entry in the record of rights on the compromise decree so entered into between the parties in O.S.No.589 of 2023. The same having not been considered is what has driven the petitioner to this Court in the subject petition. - 3 - HC-KAR NC: 2025:KHC-D:16851 WP No. 102523 of 2025 3. The learned AGA submits that if reasonable time is granted, the action would be taken in terms of a representation submitted to the respondents. 4. In the light of the said circumstance, without entering into the merit of the claim of the petitioner, the respondents shall consider the representation, which already is said to be in place. In the event that it is in place, the same shall be considered by the respondents in accordance with law. 5. In the event no representation is submitted, the petitioner is at liberty to submit a representation to the respondents within 4 weeks from today and in the event such a representation is submitted, appropriate action shall be taken within 12 weeks thereafter, in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 2 Sl No.: 31