Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27933 WP No. 35568 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.35568 OF 2024 (KLR-RES) BETWEEN:
1.
SRI. USUF SAB S/O LATE SABU SAB AGED ABOUT 58 YEARS, R/AT KOTAGARAHALLI, DIDDERI HOBLI, MADHUGIRI TALUK TUMKURU DISTRICT - 572101. …PETITIONER (BY SRI. SHEKARAPPA, ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER TUMKURU TUMKURU DISTRICT - 572101.
2.
THE ASSISTANT COMMISSIONER, MADHUGIRI SUB DIVISION TUMKURU DISTRICT - 572101.
3.
THE REVENUE INSPECTOR DODDERI HOBLI MADHUGIRI TALUK TUMKURU DISTRICT - 572101.
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:27933 WP No. 35568 of 2024
4. DASTAGIRI S/O LATE MEHABOOB SAB AGED ABOUT 56 YEARS MADHUGIRI TALUK TUMKURU DISTRICT - 572101. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE DEPUTY COMMISSIONER, AT TUMKURU IN R.P NO. 61/2022 DATED 16.10.2024 VIDE ANNX-A; QUASH THE ORDER PASSED BY THE AC, MADHUGIRI SUB DIVISION AT MADHUGIRI IN RRT(A)(M) 112/2016 DATED 22.12.2022 VIDE ANNX-B AND CONSEQUENTLY RESTORE THE MUTATION BEARING NO. M.R.H.25/2015-16 DATED 15.03.2016 VIDE ANNEXURE -E1 PERTAINING TO LAND BEARING SY NO.127/2, MEASURING 0-29 GUNTAS, SITUATED AT KOTAGARAHALLI VILLAGE, DODDERI HOBLI, MADHUGIRI TALUK, IN FAVOUR OF PETITIONER WITH SUITABLE DIRECTIONS TO INSERT HIS NAME IN THE CONCERNED REVENUE RECORDS PERTAINING TO SAID LAND.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:27933 WP No. 35568 of 2024
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Learned Additional Government Advocate accepts notice for the respondents.
2. In this writ petition, petitioner is assailing the correctness of the order dated 16.10.2024 passed by the first respondent and the order dated 22.12.2021 passed by the second respondent vide Annexures - A and B.
3. Having taken note of the submissions made by the
learned counsel appearing for the parties, on careful examination of the impugned order at Annexures - A and B, would make it clear that petitioner herein is claiming right over the property in question based on the partition deed, however, the said document has not been produced before both the respondent - authorities.
4. In that view of the matter, the finding recorded by respondent Nos.1 and 2 is just and proper. No interference of this Court is called for in this writ petition. However, it is open
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HC-KAR NC: 2025:KHC:27933 WP No. 35568 of 2024
for the petitioner herein to establish his right over the property in question in a manner known to law.
5. Accordingly, the writ petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE
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