KASHYAP S/O JITENDRA MAJETHIA v. THE DEPUTY COMMISSIONER
WP/107725/2024 · 2025-10-29
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84075 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84075 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14662 WP No. 107725 of 2024
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107725 OF 2024 (KLR-RES) BETWEEN:
KASHYAP S/O JITENDRA MAJETHIA, AGE. 46 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. KRISHNANAGAR, DESHPANDE NAGAR, HUBBALLI, DIST. DHARWAD-580 029.
… PETITIONER (BY SMT. KAVITA S. JADHAV, ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER, DHARWAD, DIST. DHARWAD-580 001.
2.
THE ASSISTANT COMMISSIONER, SUB-DIVISION, DHARWAD-580 001.
3.
THE TAHASHILDAR, DHARWAD, DIST. DHARWAD-580 001.
4.
SHEKAVVA W/O SHEKAPPA AJAGONNAVAR, AGE. 53 YEARS, OCC. HOUSEHOLD, R/O. KOTUR, TQ. DHARWAD, DIST. DHARWAD-580 011.
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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HC-KAR NC: 2025:KHC-D:14662 WP No. 107725 of 2024
5.
SHEKHARGOUDA S/O LINGANAGOUDA PATIL, AGE. 65 YEARS, OCC. AGRICULTURE, R/O. KOTUR VILLAGE, TQ. DHARWAD, DIST. DHARWAD-580 011.
6.
KALLAVVA W/O SHIVAPPA BENGERI, AGE. 65 YEARS, OCC. HOUSEHOLD, R/O. KOTUR VILLAGE, TQ. DHARWAD, DIST. DHARWAD-580 011.
7. MAHADEVAPPA S/O ADIVEPPA LAKAPPANAVAR URF DANDIN, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. SHINGANAHALLI, TQ. DHARWAD, DIST. DHARWAD-580 011.
… RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3;
SRI. MANJUNATH A. KARIGANNAVAR, ADVOCATE FOR R4;
NOTICE TO R5 TO R7 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 05/09/2024 AS PER ANNEXURE-A PASSED BY THE 1ST RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:14662 WP No. 107725 of 2024
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
Heard the learned counsel appearing for the petitioner, learned AGA for respondents No.1 to 3 and learned counsel Sri. Manjunath A. Karigannavar for respondent No.4.
2. This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the order dated 05.09.2024 passed by the Deputy Commissioner in R.P.No.24/2024 marked as Annexure-A.
3.
Learned counsel for the petitioner submits that the petitioner purchased the property from respondent No.7 under a registered Sale Deed dated 27.03.2024. It is submitted that the Assistant Commissioner had passed an order in favour of respondent No.7, who had sold the property to the petitioner on
27.03.2024. It is further submitted that respondent No.4 filed a Revision Petition against the order of the Assistant Commissioner on 16.04.2024. However, in the said Revision Petition, the petitioner, who is the purchaser from respondent No.7, has not been made a party.
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HC-KAR NC: 2025:KHC-D:14662 WP No. 107725 of 2024
4. From the dates mentioned above, it is apparent that the petitioner purchased the property after the disposal of the proceeding before the Assistant Commissioner and prior to the filing of the Revision Petition before the Deputy Commissioner. Hence, the petitioner is a necessary party to the said proceeding.
5. Since the petitioner was not heard and was not made a party to the proceeding, the impugned order passed by the Deputy Commissioner is set aside, without entering into the merits of the matter.
6. Respondent No.4 is permitted to implead the petitioner as one of the respondents in the Revision Petition pending before the Deputy Commissioner. Thereafter, the Deputy Commissioner shall hear the petitioner and respondent No.4, and pass appropriate orders on merits, in accordance with law.
7. The petitioner and respondent No.4, who are present before this Court, shall appear before the Deputy Commissioner on 17.11.2025, without awaiting any further notice from the Deputy Commissioner. The Deputy Commissioner shall issue notices to the remaining parties, if any.
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HC-KAR NC: 2025:KHC-D:14662 WP No. 107725 of 2024
8. With the above observations, the writ petition is
disposed of.
9. It is made clear that nothing is expressed on the merits of the matter.
10. All contentions of the parties are kept open.
11. Both parties shall co-operate for early disposal.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
PMP CT:BCK LIST NO.: 1 SL NO.: 76