Writ petition for quashing endorsements denying survival certificate dismissed. Court declined to determine legitimacy of claims or interfere, directing parties to abide by pending civil suit outcome.
Petitioners directed to abide by the ultimate result in the pending civil suit; contentions left open for the civil court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 100439 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO. 100439/2022 (LB-RES)
BETWEEN:
(BY SRI. ANAND R KOLLI.,ADVOCATE)
AND:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad
(BY SRI. PRASHANT V. MOGALI, HCGP FOR R1, SRI J.S. SHETTY, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 18.11.2021 VIDE ANNEXURE-G AND G1 RESPECTIVELY & ETC.
WP No. 100439 of 2022
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioners seek quashing of the impugned endorsement at Annexures-G and G1 dated 18.11.2021 passed by the respondent No.1-Deputy Tahasildar and for other reliefs.
WP No. 100439 of 2022
endorsement, the petitioners are before this Court by way of the present writ petition.
List No.: 1 Sl No.: 1
SD JUDGE
BVV
2 issues framed by the court
Whether the endorsement denying survival certificate should be quashed in light of a pending civil suit regarding succession.
Whether the Court should interfere with the administrative decision pending resolution of rival contentions in civil proceedings.
1 provisions across 1 enactments
LALITHAMMA N.G
DR. ASHOK N NAJANAGOUDAR
THE DEPUTY TAHSILDAR
KUMARI RAJESHWARI NANJANGOUDRA
S.R. KRISHNA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
