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2026 DAILYLAW 39962 (KAR)

SRI ESWARAPPA v. THE DEPUTY COMMISSIONER

WP/28579/2026 · 2026-09-11

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010630802026 NC: 2026:KHC:49732 WP No. 28579 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 28579 OF 2026 (KLR-RES) BETWEEN: 1. SRI ESWARAPPA S/O BYRAPPA, AGED ABOUT 69 YEARS, OCC. AGRICULTURIST, R/AT MEDEHALLI VILLAGE, KASABA HOBLI, CHITRADURGA TALUK AND DISTRICT. 577501. …PETITIONER (BY SRI. KANTHARAJAPPA M G.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA.577501. 2. THE ASSISTANT COMMISSIONER, CHITRADURGA SUB-DIVISION, ASSISTANT COMMISSIONER OFFICE, CHITRADURGA.577501. 3. THE TASILDAR, TALUK OFFICE, CHITRADURGA TALUK.577527. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010630802026 NC: 2026:KHC:49732 WP No. 28579 of 2026 4. SMT. GUNAVATHI, S/O NAGARAJ, AGED ABOUT 40 YEARS, R/AT MEDEHALLI VILLAGE, KASABA HOBLI, CHITRADURGA TALUK AND DISTRICT. 577501. …RESPONDENTS (BY SRI ADITYA DIWAKARA, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER PASSED BY THE R1 IN RP NO. 28/2025 DATED 25.03.2026 PRODUCED AS ANNX-B AND ORDER PASSED BY THE R2 IN RA NO. 153/2022-23 DATED 25.02.2025 PRODUCED AS ANNX-A TO THE WP. 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 Additional Government Advocate accepts notice for respondents No.1 to 3. 2. In this writ petition, petitioner is assailing the order dated 25.03.2026 (Annexure - B) passed by the respondent No.1 and order dated 25.02.2025 (Annexure - A) passed by the respondent No.2. - 3 - HC-KAR CNR: KAHC010630802026 NC: 2026:KHC:49732 WP No. 28579 of 2026 3. Heard the learned counsel appearing for the parties. 4. Learned counsel appearing for the petitioner submitted that, the respondent No.4 herein is not legally wedded wife of the brother of the petitioner/Nagaraj, and therefore, submitted that, the impugned orders require to be interfered with in this writ petition. In this connection, he refers Annexure-E. 5. Per contra, the learned Additional Government Advocate appearing for respondents No.1 to 3 submitted that, the reasons assigned by the respondent - Authorities are just and proper and the petitioner has to approach the Civil Court for redressal of his grievance. 6. In the light of the submissions made by the learned counsel appearing for the parties, the petitioner is claiming right over the property based on the registered partition deed. The grievance of the petitioner is that, the respondent No.4 herein is not the legally wedded wife of - 4 - HC-KAR CNR: KAHC010630802026 NC: 2026:KHC:49732 WP No. 28579 of 2026 Nagaraj (brother of the petitioner). Though learned counsel appearing for the petitioner has referred to Annexure-E, the aforesaid factual aspect requires to be established by the petitioner before the competent Civil Court. 7. In that view of the matter, I am of view that, no interference is called for in this petition as the disputed question of facts are involved in this petition. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 33