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2026 DAILYLAW 34879 (KAR)

SRI. G S LAKSHMISHA v. THE DEPUTY COMMISSIONER

WP/3363/2026 · 2026-07-27

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010069792026 NC: 2026:KHC:38611 WP No. 3363 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 3363 OF 2026 (KLR-RES) BETWEEN: SRI. G S LAKSHMISHA S/O LATE SHIVANANJAIAH AGED ABOUT 46 YEARS RESIDING AT TURUVEKERE TALUK GOVINDGHATTA GRAMA, TANDAGA POST TUMKURU-572224. …PETITIONER (BY SRI. V. MANJUNATH PRASAD., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR-572101. 2. THE ASSISTANT COMMISSIONER, TIPTUR SUB-DIVISION TIPTURU-572201 3. THE THAHASILDAR TIPTURU TALUK TIPTUR-572201. 4. SMT.LAKSHMIDEVAMMA W/O LATE NANJUNDAIAH Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010069792026 NC: 2026:KHC:38611 WP No. 3363 of 2026 5. SRI.SHIVABASAVAIAH S/O LATE ERAIAH R4 & R5 ARE R/AT GOOVINDAGHATTA VILLAGE DABBEGHATTA HOBLI, TURUVEKERE TALUK TUMKURU-572227. …RESPONDENTS (BY SMT. B P RADHA, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER PASSED IN R.A.NO.34/ 2007-08 DATED: 19.06.2009 AND R.A.NO.24/2006-07 DATED: 19.06.2009 VIDE ANNEXURE-B AND C AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned AGA accepts notice for respondent Nos. 1 to 3. 2. In this petition, petitioner is assailing the order dated 05.08.2019 (Annexure-E) and order dated 19.06.2009 (Annexures – B and C) passed by the respondent - Authorities. 3. It is submitted by the learned counsel for the petitioner that, the finding recorded by both the - 3 - HC-KAR CNR: KAHC010069792026 NC: 2026:KHC:38611 WP No. 3363 of 2026 authorities based on the registered Adoption Deed is not correct and therefore, sought for interference of this Court. 4. Per contra, learned AGA submitted that the impugned orders have been passed during 2019 and the writ petition deserves to be dismissed on the ground of delay and laches on the part of the petitioner and accordingly, sought for interference of this Court. 5. Having heard the learned counsel for the parties, it is forthcoming from the impugned order that the suit in O.S.No.81/2006, came to be dismissed on 13.08.2012 before the Civil Judge and JMFC, Turuvekere, wherein the additional issue No.4 has been passed against the petitioner. It is also forthcoming from the observation made by the respondent – Authorities that O.S.No.267/1987 came to be dismissed on 07.07.1992. - 4 - HC-KAR CNR: KAHC010069792026 NC: 2026:KHC:38611 WP No. 3363 of 2026 6. In that view of the matter, no interference is called for in this petition as the petitioner has failed to prove the title in respect of the subject land. 7. Accordingly, petition stands dismissed. Sd/- (E.S.INDIRESH) JUDGE Cm/- LIST NO.: 1 SL NO.: 21