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2025 DAILYLAW 72619 (KAR)

PRAKASH v. DEPARTMENT OF REVENUE (MUJARAI)

WP/7756/2023 · 2025-12-10

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52339 WP No. 7756 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.7756 OF 2023 (GM-R/C) BETWEEN: 1. PRAKASH S/O LATE RAJANNA AGED 59 YEARS, R/AT #139, BAJAGURU AT POST, NONIVINAKERE HOBLI, TIPTUR TALUKU, BAJAGURU TUMKUR-572224. …PETITIONER (BY SMT. LAVANYA S., ADVOCATE FOR SRI. GIRISHKUMAR R., ADVOCATE) AND: 1. DEPARTMENT OF REVENUE (MUJARAI) MULTI STOREY BUILDING, DR. AMBEDKAR ROAD, BENGALURU - 560 001 REPRESENTED BY ITS UNDER SECRETARY. 2. THE TAHSILDAR TIPTURU TALUK, TALUK OFFICE, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52339 WP No. 7756 of 2023 VIDYANAGAR, TIPTUR-572201. 3. DEPUTY COMMISSIONER TUMKUR DISTRICT, MINI VIDHANA SOUDHA, TUMKUR-572 101. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER AS PER ANNEXURE-A; QUASH THE RECTIFICATION ORDER VIDE NO.COM E 77 Mu Aa Be 2018 DATED 25.11.2019 ISSUED BY THE RESPONDENT NO. 1 PRODUCED AT ANNEXURE-B; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The prayer of the petitioner herein is to direct respondent No.2 to consider the representation at Annexure-A dated - 3 - HC-KAR NC: 2025:KHC:52339 WP No. 7756 of 2023 24.03.2023 made by the petitioner and to quash the rectification order dated 25.11.2019 issued by respondent No.1 at Annexure-B to the writ petition. 3. The petitioner herein has assailed the rectification of the name of the temple as per order dated 25.11.2019 (Annexure- B). However, taking into consideration the said order has been passed on 25.11.2019 and that name of the temple has been corrected accordingly as per Annexure-C dated 29.12.2022, the prayer made by the petitioner to quash the said Annexure-B dated 25.11.2019, cannot be considered in this writ petition in view of delay and laches. 4. However, having taken note of the submissions made by the learned counsel appearing for the parties, respondent No.2 is directed to consider the aforementioned representation of the petitioner produced at Annexure-A to the writ petition, dated 24.03.2023, within outer limit of one month from the date of receipt of certified copy of this order. 5. It is further clarified that, while considering the representation at Annexure-A, the respondent No.2 shall, before taking any decision, give opportunity of hearing to the - 4 - HC-KAR NC: 2025:KHC:52339 WP No. 7756 of 2023 proposed impleading respondent Nos.4 to 7 as mentioned in the application I.A.1/2024. 6. With the above observation, the writ petition and the impleading application I.A.1/2024 are disposed of. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 19