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2025 DAILYLAW 83393 (KAR)

MR. JAGADEESH v. THE STATE OF KARNATAKA

WP/15206/2025 · 2025-07-23

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27936 WP No. 15206 of 2025 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.15206 OF 2025 (KLR-RES) BETWEEN: 1. MR. JAGADEESH AGED ABOUT 39 YEARS, S/O LATE NANJAYYA, RESIDING AT NO.04, 18TH CROSS, JAYANAGAR, MYSURU - 570014. …PETITIONER (BY SRI. RAMESH T.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE DEPUTY COMMISSIONER MYSORE DISTRICT OFFICE AT SIDDARTHANAGAR MYSURU - 570011. 2. THE TAHSILDAR MYSORE TALUK VINOBA ROAD, OPPOSITE KALAMANDIR, MYSURU - 570005. 3. THE SUPERINTENDENT OF POLICE MYSORE DISTRICT SP OFFICE, JYOTHI NAGAR GAYATHRI PURAM MYSURU KARNATAKA - 570019. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27936 WP No. 15206 of 2025 4. MR. P SHIVASHANKAR SWAMY FOREST EMPLOYEES HOUSING CO-OPERATIVE SOCIETY MYSUEU AGED ABOUT 60 YEARS OFFICE AT ARANYA BHAVANA ASHOKAPURAM MYSURU - 570008. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R3; SRI. H.B. CHANDRASHEKAR, ADV. FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 06.05.2025 VIDE ANNEXURE-A WITH REGARD TO LAND IN SURVEY NO. 115 BLOCK NO.44 SITAUTED AT KERGALLI VILLAGE JAYAPURA HOBLI MYSORE TALUK; QUASH AND LETTER NO.TAHMYS LND/LND/J/830/2025 E 785400 DATED 15.04.2025 VIDE ANNEXURE-G ISSUED BY THE RESPONDENTS NO.2 & 3; DIRECT THE RESPONDENT NO.1 TO TAKE ACTION AGINST THE TAHSILDAR WHO IS THE RESPONDENT NO.2 FOR ILLEGAL ACTIONS AND INITIATE DISCIPLINARY PROCEEDINGS AGAINST THE THASILDAR UNDER THE KCSR RULES. - 3 - HC-KAR NC: 2025:KHC:27936 WP No. 15206 of 2025 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. In this writ petition, petitioner has sought for a direction to consider the representation dated 06.05.2025 (Annexure-A) in respect of the subject land, inter alia, sought for quashing the letter dated 15.04.2025 (Annexure-G) addressed by respondent No.2 to respondent No.3. 2. Heard Sri. Sunil Kumar H., learned counsel appearing for the petitioner, Smt. Navya Shekar, learned Additional Government Advocate appearing for respondent Nos.1 to 3 and Sri. H.B. Chandrashekar, learned counsel appearing for the respondent No.4. 3. Having taken note of the submissions made by the learned counsel appearing for the petitioner and Sri. H.B. Chandrashekar, learned counsel appearing for the respondent No.4, and on careful consideration of the writ papers would indicate that suit in O.S.No.530/2025 (Annexure-F) is pending - 4 - HC-KAR NC: 2025:KHC:27936 WP No. 15206 of 2025 consideration on the file of the Prl. Civil Judge at Mysuru. The petitioner is the internal correspondence between respondent Nos.2 and 3 as per letter dated 15.04.2025, and in view of the law declared by the Hon'ble Supreme Court in the case of MAHADEO AND OTHERS Vs. SOVAN DEVI AND OTHERS reported in (2023) 10 SCC 807, that mere departmental communication does not create any right to the aggrieved party, in that view of the matter, taking into consideration that the petitioner has to establish his right over the property in question in accordance with law in the pending suit referred to above, I am of the view that, there is no necessity for directing the respondent - authorities to consider the representation at Annexure-A dated 06.05.2025 and accordingly, no interference is called for in this writ petition. 4. The writ petition is dismissed as devoid of merits. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 20