Partly allowed

K R Rajashekarappa v. the State of Karnataka

Karnataka HC26 May 2023WP/17461/2015

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227 of the Constitution, the High Court of Karnataka quashed an order recalling a death certificate without a hearing. The Court directed the Tahasildar to conduct a fresh enquiry after giving notice to all parties.

What did the court decide?

The writ petition is allowed; the order dated 21.11.2014 is quashed; Respondent No.2 is directed to conduct a fresh enquiry after giving an opportunity to the Petitioner and Respondent No.3 to partici

K R Rajashekarappa Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2023)

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WP No. 17461 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA

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WRIT PETITION NO. 17461 OF 2015 (GM-RES)

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BETWEEN:

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K R RAJASHEKARAPPA

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G. RAJASHEKAR @ RAJASHEKAR, AGED ABOUT 52 FYEARS, S/O PATEL G. CHANDRAPPA, AGRICULTURIST, R/O KODIHALLI VILLAGE POST,. ARAVILACHI, KUDLIGEREHOBLI, BHADRAVATHI TALUK 577301 SHIVAMOGGA DISTRICT

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…PETITIONER

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(BY SRI. S V PRAKASH.,ADVOCATE)

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AND:

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Digitally signed by NIRMALADEVI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR AMBEDKAR VEEDHI, BENGALURU 1

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THE TAHASILDAR AND TALUKA EXECUTIVE MAGISTRATE, BHADRAVATHI TALUK, 577301 SHIVAMOGGA DISTRICT`

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SRI K R RUDRAPPA S/O RANGAPPA AGED ABOUT 65 YEARS R/O KODIHALLI VILLAGE POST ARAVILACHI, KUDLIGEREHOBLI, BHADRAVATHI TALUK 577301

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WP No. 17461 of 2015

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SHIVAMOGGA DISTRICT

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…RESPONDENTS

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(BY SRI. SHIVANANDA D S, HCGP FOR R1 & R2 SRI MALLIKARJUNA C BASAREDDY, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.21.11.2014 PASSED BY THE R-2 VIDE ANENX-K AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned Counsel for the Petitioner and learned

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AGA for Respondent Nos.1 and 2 as well as learned Counsel for Respondent No.3.

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The above Writ Petition is filed seeking for the following reliefs:

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"1. Issue a writ in the nature of certiorari and quash the order dated 21.11.2014 passed by the 2^nd respondent in case No.Births-Deaths/Viva-03/2014-15 produced as Annexure-K to the writ petition.

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2. Issue any other appropriate writ or order or direction as the Hon'ble Court deems it appropriate in the admitted facts and circumstances of the case to secure the ends of justice.

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3. Award the cost of this proceeding."

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It is the case of the Petitioner that one

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Smt.Nagamma w/o Yagatappa is the paternal great grand mother of the Petitioner and that she died on 30.6.1979 and

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WP No. 17461 of 2015

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her Death Certificate has been issued vide Annnexure-D to the Writ Petition. Thereafter, Respondent No.2 - Tahsildar issued a notice dated 30.9.2014 (Annexure-G to the Writ Petition) regarding recalling the said Death Certificate. The Petitioner has replied to the same vide reply dated 13.10.2014 (Annexure-H to the Writ Petition). Consequent to the reply, Respondent No.2 has passed order dated 21.11.2014 (Annexure-K to the Writ Petition), which is impugned in the present Writ Petition.

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It is the contention of the Petitioner that the said order dated 21.11.2014 is passed without conducting an enquiry and if the petitioner had been afforded with an opportunity, he would have furnished sufficient material to demonstrate that the date of death is 30.6.1979.

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Respondent No.3 who has impleaded himself in the present Writ Petition contends that deceased Nagamma is his grand mother. According to Respondent No.3, the date of death of said Nagamma is 29.5.1979. It is also submitted that there are civil proceedings pending between the Petitioner and Respondent No.3 and a Will dated 13.6.1975 alleged to have

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WP No. 17461 of 2015

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been executed by Nagamma has been produced in the said proceedings.

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Having regard to the fact that the order dated 21.11.2014 has been passed without conducting any enquiry and in view of the contention of the Petitioner that if an enquiry was conducted he would have produced material in support of the death certificate (Annexure-D) and having regard to the fact that date of death of Nagamma is contentious one as is forthcoming from the stand of Respondent No.3, it is just and expedient that an enquiry be conducted before any order is passed by Respondent No.2 vis-à-vis the death certificate of said Nagamma.

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Accordingly, I pass the following:

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ORDER

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i. The Writ Petition is allowed;

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ii. The order dated 21.11.2014 passed in Case No.BirthsDeaths/Viva-03/2014-15 by Respondent No.2 is quashed;

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iii. Respondent No.2 is directed to conduct a fresh enquiry after giving an opportunity to the Petitioner and

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WP No. 17461 of 2015

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Respondent No.3 to participate in the same and to pass necessary orders in accordance with law;

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iv. The Petitioner and Respondent No.3 shall appear before Respondent No.2 on 19.6.2023 at 11 a.m., without the necessity of any further notice being issued in this regard.

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v. Consequent to appearance of the Petitioner and Respondent No.3, Respondent No.2 shall conduct further proceedings in accordance with law.

No costs.

SD/JUDGE

List No.: 1 Sl No.: 6

K R Rajashekarappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

K R Rajashekarappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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