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2026 DAILYLAW 27545 (KAR)

SRI. CHANDRAHAS v. THE DEPUTY COMMISSIONER,

WP/15013/2026 · 2026-06-18

B M Shyam Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:29889 WP No. 15013 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 15013 OF 2026 (LB-RES) BETWEEN: SRI. CHANDRAHAS S/O LATE KESHAVA SHET, AGED ABOUT 68 YEARS, R/AT BEHIND PRABHAT COFFEE DEPOT, OLD SVP COMPOUND, BH ROAD, TIPTUR TOWN, TUMAKURU DISTRICT-572201. …PETITIONER (BY SRI. ELAM PARUTTI G., ADVOCATE FOR SRI. NAGARAJA S.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU-572101. 2. THE COMMISSIONER, CITY MUNICIPAL COUNCIL, TIPTUR TOWN, TUMAKURU DISTRICT-572201. …RESPONDENTS (BY SRI.KENCHE GOWDA, AGA) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29889 WP No. 15013 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT DATED 15.10.2025 ISSUED BY THE RESPONDENT NO.2 AS PER ANNEXURE- H CONSEQUENTLY, DIRECT THE RESPONDENT NO.2 TO ISSUE KHATHA IN RESPECT OF THE PROPERTY IN QUESTION IN THE NAME OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner asserts ownership of an immovable property bearing Municipal No.1243/1/894/1 in Ward No.4 of Tiptur City Municipal Council [the subject property]. The petitioner asserts title to the subject property under a compromise decree in the suit in O.S. No.104/1997 on the file of the Civil Judge, Tiptur. 2. The petitioner is aggrieved by the second respondent's Endorsement dated 15.10.2025 - 3 - HC-KAR NC: 2026:KHC:29889 WP No. 15013 of 2026 [Annexure-H]. The second respondent vide this Endorsement has informed the petitioner that his request for change in revenue entries would be considered subject to the decision in the pending suit in O.S. No.141/2024 on the file of the Senior Civil Judge, Tiptur. 3. When queried, Sri. Elam Parutti G, the learned counsel for the petitioner, submits that this suit is filed by the City Municipal Council, Tiptur for declaration of title and that the petitioner who has entered appearance has filed written statement along with an application for rejection of the plaint but the petitioner is constrained to invoke this Court's jurisdiction because the civil Court is adjourning the matter repeatedly due to non-appearance on behalf of the Municipal Council. 4. The petitioner has also filed a suit in O.S. No.487/2021 against a third party for possession and this suit is also pending consideration. Sri Kenche - 4 - HC-KAR NC: 2026:KHC:29889 WP No. 15013 of 2026 Gowda, a learned Additional Government Advocate, who is called upon to accept notice for the first respondent, is heard in the light of the afore circumstances. This Court must opine that when there are pending civil proceedings, it would not be either just or reasonable to issue directions and the petition must be disposed of with liberty to the petitioner to seek expeditious disposal of the pending suits and approach the Authorities once such suits are decided. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-