(BY SRI.BANNIKATTI DEEPAK, ADVOCATE) v. KARNATAKA- 577526
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
- Karnataka Land Revenue Act ss. 128, 129
Judgment
(BY SRI.BANNIKATTI DEEPAK, ADVOCATE) …PETITIONER AL BHAGYA Location: High Court of Karnataka AND:
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT 3RD GATE, 5TH FLOOR MS BUILDING DR. AMBEDKAR VEEDI BENGALURU -560001
THE SPECIAL DEPUTY COMMISSIONER CHITRADURGA CHITRADURGA DISTRICT -577522 - 2 - NC: 2025:KHC:2961 WP No. 1528 of 2025
THE ASSISTANT COMMISSIONER CHITRADURGA CHITRADURGA DISTRICT -577522
TASILDAR HOLALKERE CHITRADURGA DISTRICT -577522 ONKARAPPA S/O HANUMANTHAPPA SINCE DEAD REPRESENTED BY ITS LRS
PRAKASH S/O LATE ONKARAPPA AGED ABOUT 44 YEARS
O.PRABHU S/O LATE ONKARAPPA AGED ABOUT 46 YEARS
KAVITHA D/O LATE ONKARAPPA AGED ABOUT 48 YEARS ALL ARE RESIDING AT GUNDIMADU VILLAGE KASABA HOBLI HOLALKERE TALUK CHITRADURGA KARNATAKA- 577526 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP FOR R.1 TO R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2 SPECIAL DEPUTY COMMISSIONER DATED
19.11.2024 IN RP BEAIRNG NO.25/2023 N.RD NO.0050000607234 (ANNX-A) AND ETC. - 3 - NC: 2025:KHC:2961 WP No. 1528 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking direction to quash the order dated 19.11.2024 passed by respondent No.2 - Special Deputy Commissioner as per Annexure-A and the order dated 22.12.2017 passed by respondent No.3 - Assistant Commissioner as per Annexure-B.
2. Heard learned counsel for the petitioner and learned HCGP.
3. The petitioner asserts ownership of the property based on a registered sale deed dated 03.10.1995 obtained by his father, Thimmappa. However, petitioner had previously approached the Civil Court in O.S. No.72/2019, seeking a declaration and injunction based on the same sale deed. This suit was dismissed, and - 4 - NC: 2025:KHC:2961 WP No. 1528 of 2025 the dismissal was upheld by the Appellate Court in R.A. No.36/2013. The matter is now under consideration before this Court in RSA No.1592/2024. Consequently, as the petitioner has suffered a decree at the hands of the competent Civil Court, he is barred from seeking remedies under Sections 128 and 129 of the Karnataka Land Revenue Act. Nonetheless, it is clarified that any entries made by the Revenue Authorities concerning the property will remain subject to the outcome of the pending Regular Second Appeal No.1592/2024. With these above observations, the writ petition stands disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 37
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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