Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 33286 (KAR)

SMT. PARVATHAMMA, v. GOVERNMENT OF KARNATAKA

WP/22450/2026 · 2026-08-11

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010493112026 NC: 2026:KHC:42445 WP No. 22450 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 22450 OF 2026 (KLR-RES) BETWEEN: 1. SMT. PARVATHAMMA, WIFE OF LATE KEMPEGOWDA, AGED ABOUT 72 YEARS RESIDING AT HALASINA NAGENAHALLI, NITTUR HOBLI, GUBBI TALUK, TUMAKUR DISTRICT, PIN CODE-572 216. 2. SMT.KEMPARAJAMMA, DAUGHTER OF LATE KEMPEGOWDA, WIFE OF ANANDAKUMAR, AGED ABOUT 43 YEARS RESIDING AT HALASINA NAGENAHALLI, NITTUR HOBLI, GUBBI TALUK, TUMAKUR DISTRICT, PIN CODE-572 216. 3. SMT. REKHA H.K., DAUGHTER OF LATE KEMPEGOWDA, WIFE OF LATE RANGAPPA, AGED ABOUT 39 YEARS RESIDING AT HALASINA NAGENAHALLI, NITTUR HOBLI, GUBBI TALUK, TUMAKUR DISTRICT, PIN CODE-572 216. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010493112026 NC: 2026:KHC:42445 WP No. 22450 of 2026 4. SMT. MEENAKSHI, DAUGHTER OF LATE KEMPEGOWDA, WIFE OF SIDDARAJU K.R., AGED ABOUT 35 YEARS RESIDING AT HALASINA NAGENAHALLI, NITTUR HOBLI, GUBBI TALUK, TUMAKUR DISTRICT, PIN CODE-572 216. 5. SRI. MANJUNATHA, SON OF LATE KEMPEGOWDA, AGED ABOUT 33 YEARS RESIDING AT HALASINA NAGENAHALLI, NITTUR HOBLI, GUBBI TALUK, TUMAKUR DISTRICT, PIN CODE-572 216. …PETITIONERS (BY SRI. P.M.GOPI.,ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE-560 001 2. THE DEPUTY COMMISSIONER, TUMAKURU, TUMAKURU DISTRICT-572 101 3. THE ASSISTANT COMMISSIONER, TUMAKURU SUB-DIVISION, - 3 - HC-KAR CNR: KAHC010493112026 NC: 2026:KHC:42445 WP No. 22450 of 2026 TUMAKURU -572 101 4. THE TAHSILDAR, GUBBI TALUK, GUBBI - 572 216 5. SMT. NAGARATHANAMMA, WIFE OF LATE NANJEGOWDA, AGED ABOUT 79 YEARS, RESIDING AT 'VENKATESHWARA NILAYA' BHAGYANAGAR, BELAGUMBA ROAD, TUMAKURU - 572 101 6. SRI.H.S.MALLIKARJUNAIAH, SON OF LATE SIDDAMALLAIAH, AGED ABOUT 65 YEARS RESIDING AT HALASINA NAGENAHALLI, NITTUR HOBLI, GUBBI TALUK, TUMAKUR DISTRICT, PIN CODE-572 216. 7. SRI.H.S.RAMESH BABU, SON OF LATE SIDDAMALLAIAH, AGED ABOUT 60 YEARS RESIDING AT HALASINA NAGENAHALLI, NITTUR HOBLI, GUBBI TALUK, TUMAKUR DISTRICT, PIN CODE-572 216. 8. SRI. VISHWANATH, SON OF LATE H.S.MAHADEVAIAH, AGED ABOUT 58 YEARS RESIDING AT HALASINA NAGENAHALLI, NITTUR HOBLI, GUBBI TALUK, - 4 - HC-KAR CNR: KAHC010493112026 NC: 2026:KHC:42445 WP No. 22450 of 2026 TUMAKUR DISTRICT, PIN CODE-572 216. 9. SRI. MANJUNATH, SON OF LATE H.S.MAHADEVAIAH, AGED ABOUT 52 YEARS RESIDING AT HALASINA NAGENAHALLI, NITTUR HOBLI, GUBBI TALUK, TUMAKUR DISTRICT, PIN CODE-572 216. 10. SMT.PUSHPA, WIFE OF LATE H.S.PANCHAKSHRAIAH, AGED ABOUT 73 YEARS RESIDING AT HALASINA NAGENAHALLI, NITTUR HOBLI, GUBBI TALUK, TUMAKUR DISTRICT, PIN CODE-572 216. 11. SMT.BHAGAYAMMA, WIFE OF LATE H.S.CHANDRAIAH, AGED ABOUT 65 YEARS, RESIDING AT HALASINA NAGENAHALLI, NITTUR HOBLI, GUBBI TALUK, TUMAKUR DISTRICT-572 216. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N.,ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE 2ND RESPONDENT DATED.07.04.2025 IN R.P.NO.95/2023, AS PER ANNEXURE-F AND ETC., - 5 - HC-KAR CNR: KAHC010493112026 NC: 2026:KHC:42445 WP No. 22450 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned HCGP accepts notice for respondent Nos. 1 to 4. 2. In this writ petition, the petitioners are assailing the order dated 07.04.2025 (Annexure-F) passed by respondent No.2 - Deputy Commissioner. 3. Heard the learned counsel appearing for the parties, having taken note of the submission made by the learned counsel appearing for the parties and the finding recorded by respondent No.2 - Deputy Commissioner would indicate that, originally the land in question is belonging to one Sri. Siddegowda, and the revenue record stands in the name of one Sri.Kempegowda and others. 4. It is also stated that the petitioners are the private respondents in proceedings before the Deputy Commissioner, who claimed right over the property of the late Siddegowda. - 6 - HC-KAR CNR: KAHC010493112026 NC: 2026:KHC:42445 WP No. 22450 of 2026 5. In that view of the matter, as already the suit in O.S.No.317/2023 pending consideration before the Principal Civil Judge and JMFC at Gubbi filed by the petitioners herein and therefore, it is open for the petitioners herein to establish their right over the property in question, in respect of the subject land. 6. In that view of the matter, I am of the view that no interference is called for in this matter, as the rights of the parties have to be crystallized in the suit and therefore, I am not inclined to interfere with the impugned order passed by respondent No.2. 7. Accordingly, the petition is rejected. SD/- (E.S.INDIRESH) JUDGE SPV List No.: 1 Sl No.: 23