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2025 DAILYLAW 91238 (KAR)

CHANDRAHASA RAI v. THE ASSISTANT COMMISSIONER

WP/44833/2018 · 2025-11-11

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45834 WP No. 44833 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 44833 OF 2018 (GM-RES) BETWEEN: 1. CHANDRAHASA RAI AGED ABOUT 67 YEARS, S/O M SUBBANNA RAI R/O BOLODY HOUSE KEDAMBADY VILLAGE AND POST, PUTTUR TALUK DAKSHINA KANNADA DISTRICT-574201 2. TARA P RAI AGED ABOUT 62 YEARS, W/O PADMANABHA RAI R/O DERLA HOUSE KEYYURU VILLAGE, MADAVAU POST, PUTTUR TALUK DAKSHINA KANNADA DISTRICT-574201 …PETITIONERS (BY SRI. CHIDAMBARA G.S., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER PUTTUR SUB-DIVISION PUTTUR DAKSHINA KANNADA DISTRICT - 574 201 2. TUNGAMMA W/O LATE SUBBANNA RAI SINCE DEAD REPRESENTED BY LRs Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45834 WP No. 44833 of 2018 2A. PURUSHOTHAMA RAI AGED ABOUT 65 YEARS S/O. M. SUBBANNA RAI R/O. BOODIGARA HOUSE KURIYA POST PUTTUR TALUK DAKSHINA KANNADA DISTRICT - 574 201 AMENDED AS PER ORDER DATED 06.08.2025 ON I.A. NO.1/2024 3. VEENA K RAI AGED ABOUT 56 YEARS, W/O KITTANNA RAI R/O BOLODY HOUSE, KEDAMBADY VILLAGE AND POST, PUTTUR TALUK DAKSHINA KANNADA DISTRICT - 574 201 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 SRI. K. RAVISHANKAR, ADVOCATE FOR R2 AND R3 R2(A) - TUNGAMMA SERVED) ----- THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 28.09.2018 VIDE ANENXURE-N PASSED BY THE RESPONDENT NO.1 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:45834 WP No. 44833 of 2018 ORAL ORDER Heard learned counsel for the parties. 2. In this writ petition, petitioners are assailing the order dated 28.09.2018 (Annexure-N) passed by respondent No.1. Respondent No.2 is the mother of the petitioners and respondent No.3. It is also submitted at the Bar that Respondent No.2 is no more. Having taken note of the submission made by the learned counsel for the parties as the suit in O.S.No.273/19 is filed before the Competent Court, wherein the rights of the parties in respect of the suit schedule properties have to be decided and further, as Respondent No.2 has cancelled the Registered Gift Deed dated 13.04.2012 (Annexure-A) by way of the Cancellation Deed dated 08.08.2013, I am of the view that, no interference is called for in this writ petition and it is open for the petitioners to await adjudication of rights in the suit referred to above. With this observation, writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE rs/CT-SG/List No.: 1 Sl No.: 27