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2025 DAILYLAW 71125 (KAR)

H S GOPINATH v. THE STATE OF KARNATAKA

WA/935/2023 · 2025-09-08

Anu Sivaraman, Rajesh Rai K

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35625-DB WA No. 935 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 935 OF 2023 (LR) BETWEEN: H.S. GOPINATH S/O LATE H.B. SAMPATH KRISHNAMURTHY AGED ABOUT 50 YEARS HULUKUNTE (VILLAGE) DODDABALLAPURA HOBLI DODDABALLAUPRA TALUK BENGALURU RURAL DISTRICT …APPELLANT (BY SRI. SRINIVASA K.N., ADVOCATE)] AND: 1. THE STATE OF KARNATAKA BY SECRETARY TO GOVERNMENT DEPT. OF REVENUE KARNATAKA GOVT. SECRETARIAT REPRESENTED BY STATE REPRESENTATIVE KARNATAKA APPELLATE TRIBUNAL BENGALURU-560 001 2. BYATARAYASWAMY DEITY HULIKUNTE DODDABALLAPURA TALUK REPRESENTED BY TALUK MUYZRAI OFFICER TAHSILDAR DODDABALLAPURA-561 203 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35625-DB WA No. 935 of 2023 3. THE TAHSILDHAR DODDABALLAPURA TALUK DODDABALLAPURA-561 203 4. SMT. KRISHNAVENAMMA D/O SRI. VENKATARANGAIAH SINCE DECEASED, BY HER LRS 4(a). MR. RAJANNA AGED ABOUT 45 YEARS 4(b). MR. SATYANARAYANA AGED ABOUT 45 YEARS BOTH ARE SONS OF KRISHNAVENAMMA R/AT No.196/3, 12TH 'B' ROAD BENGALURU-91 5. SMT. SUMITRAMMA W/O SRI. SRINIVAS MURTHY D/O SRI. BYTARAYAPPA MAJOR JADEYA VILLAGE MYRASANDRA POST TURUVEKERE TALUK TUMAKURU DISTRICT-572 101 6. SMT. SATHYA BHAMA SINCE DECEASED, BY HER LRS 6(a). KRISHNA MURTHY S/O SRINIVASAMURTHY MAJOR 6(b). SUDHARSHAN S/O SRINIVASAMURTHY MAJOR - 3 - HC-KAR NC: 2025:KHC:35625-DB WA No. 935 of 2023 6(c). KODANDARAMA SINCE DIED, REP. BY HIS LRS 6(c)(i). SRI. PRAVEEN KUMAR K. S/O KODANDARAMA AGED ABOUT 26 YEARS 6(c)(ii). SMT. SWATHI AGED ABOUT 24 YEARS W/O MADHUSUDHAN D/O KODANDARAMA RESPONDENTS No.6(c)(i) & 6(c)(ii) BOTH ARE R/AT ABBUR NEAR NARASHIMASWAMY TEMPLE RAMANAGARA KARNATAKA-562 108 6(d). VENKATACHALA S/O SRINIVASMURTHY MAJOR 6(e). NARASIMHA S/O SRINIVASMURTHY MAJOR RESPONDENTS No.6(a), (b), (d) & (e) ARE R/AT. ABBUR CHANNAPATNA TALUK-571 501 6(f). MRS. JANAKAMMA W/O SRI. LAKSHMINARASIMHAMURTHY D/O SRINIVASA MURTHY MAJOR, HUNASAHALLI AREKERE HOBLI, KODIYALA MANDYA DISTRICT-571 401 6(g). GAYATRI W/O SUNDHARA RAJ D/O SRINIVASA MURTHY - 4 - HC-KAR NC: 2025:KHC:35625-DB WA No. 935 of 2023 MAJOR, R/AT. KAMMALIGE MALAGODU POST HASSAN DISTRICT-573 201 7. THE DEPUTY COMMISSIONER BEGNALURU RURAL DISTRICT BENGALURU-560 001 …RESPONDENTS (BY SMT. SWETHA KRISHNAPPA, AGA FOR R1 TO R3 & R7; SRI. S. RAJU, ADVOCATE FOR R4(a & b), R5, R6(a, b, d-g), R6(c)(i & ii)) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 05.07.2023 IN WP No.47017/2015 AND ALLOW THE WRIT PETITION AS PRAYED AND PASS SUCH OTHER ORDERS THAT MAY BECOME NECESSARY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 5 - HC-KAR NC: 2025:KHC:35625-DB WA No. 935 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing for the appellant as well as the learned Additional Government Advocate appearing for the respondents. 2. It is submitted by the learned counsel appearing for the appellant that the appellant and the private respondents herein have settled the dispute inter-se among themselves and that a mediation report recording such settlement has been placed on record. 3. However, the learned counsel for the appellant submits that the official respondents who are respondents No.1 to 3 and 7 in this appeal have not affixed their signature to the settlement and that therefore the settlement has not been given effect to. 4. Learned Additional Government Advocate appearing for respondents No.1 to 3 and 7 would submit that now that there is a settlement arrived at between the appellant and the private respondents in this appeal, the same to be taken note - 6 - HC-KAR NC: 2025:KHC:35625-DB WA No. 935 of 2023 of by the Deputy Commissioner and appropriate orders shall be passed in accordance with law. 5. The said submission is accepted. The settlement which is arrived at between the appellant and the private respondents herein will be binding on the parties and that they shall act in accordance with the said settlement. The Deputy Commissioner shall also consider the said settlement and pass appropriate orders in accordance with law within a period of one month from today. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 61