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2025 DAILYLAW 75295 (KAR)

SRI NAGARAJ v. THE DEUPTY COMMISSIONER

WP/13885/2024 · 2025-12-01

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50295 WP No. 13885 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 13885 OF 2024 (GM-RES) BETWEEN: SRI. NAGARAJ S/O LATE MAHALINGAPPA, AGED ABOUT 60 YEARS, OCC: AGRICULTURIST R/O BASUR VILLAGE AT AND POST, HIRENALLURU HOBLI, KADUR TALUK CHIKKAMAGALURU DISTRICT - 577 548. …PETITIONER (BY SRI. KANTHARAJAPPA M.G, ADVOCATE) AND: 1. THE DEUPTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU - 577 101. 2. THE ASSISTANT COMMISSIONER TARIKERE SUB DIVISION TARIKERE - 577 228. 3. SMT. PUTTAMMA W/O LATE MAHALINGAPPA AGED ABOUT 83 YEARS OCC: HOUSE HOLD, R/O BASUR VILLAGE AT AND POST HIRENALLURU HOBLI, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50295 WP No. 13885 of 2024 KADUR TALUK, CHIKKAMGALURU DISTRICT - 577 548 …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 AND R2; SRI. JAGADEESH H.T, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ORDER PASSED BY THE R2 IN HI.NA.PU/C.R.05/2018-19 DTD 24.11.22. PRODUCED AS ANNEXURE-A AND 1ST RESPONDENT IN J.1.M.G.C.R.272/22-23 DATED 26.09.23 PRODUCED AS ANNEXURE-B TO THE WP AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: a. "Issue writ of certiorari or any other writ or order or direction, in the nature of writ, quashing order passed by the 2nd respondent in Hi.Na.Pu/C.R.05/2018-19 dated 24.11.2022. Produced as Annexure-A and 1st respondent in J.1.M.G.C.R.272/2022-23 dated 26.09.2023. Produced as Annexure-B to the writ petition; b. Cost and such other reliefs deems fit to grant under the circumstances of the case in the interest of justice and equity." CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:50295 WP No. 13885 of 2024 2. Matter is referred to mediation, a settlement has been arrived at and also a memorandum of settlement has been executed between the petitioner and respondent No. 3, which reads as under: i. "The petitioner has filed above writ petition challenging the order Assistance commission, Tarikere dated 24.11.2022 passed in Hi.Na.Pu/C.R.272/2022-23 passed by the Deputy Commissioner, Chikkamagaluru, directing the petitioner to pay a sum of Rs.4,000/-per month as maintenance to the respondent No.3.; ii. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioner/son and respondent No.3/mother along with their respective Advocates were present to resolve their dispute and have agreed to the following terms and conditions: 1. The petitioner/son has taken back the respondent No.3/mother to his home and is look after her day today and other needs. 2. The petitioner/son confirms that in the event of him not looking after his mother well the above Writ Petition will revert back to its original stage." 3. In that view of the matter, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC:50295 WP No. 13885 of 2024 ORDER a. Writ Petition is allowed. b. A Certiorari is issued. c. Order passed by respondent No. 2 dated 24.11.2022 at Annexure-A and order passed by respondent No.1 dated 26.09.2023 at Annexure-E are quashed. The same shall however be subject to the settlement arrived at between the parties. SD/- (SURAJ GOVINDARAJ) JUDGE SSD List No.: 1 Sl No.: 50