Dismissed

Smt Chandrakantamma v. Deputy Commissioner

Karnataka HC20 Nov 2023WP/7081/2022

Case brief

AI extract

What is this about?

Petitioners filed a writ petition praying to quash revenue orders regarding land mutation and a rectification deed. The high court held that no merits were made out to interfere with the orders as the litigation regarding the property rights was pending in a civil court. Consequently, the writ petition was dismissed.

What did the court decide?

The writ petition was dismissed with an observation that the rights of the parties are subject to the outcome of the pending civil suit.

Smt Chandrakantamma Vs Deputy Commissioner — Property and Title | Karnataka HC (2023)

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NC: 2023:KHC:41768 WP No. 7081 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 7081 OF 2022 (KLR-RES)

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BETWEEN:

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SMT. CHANDRAKANTAMMA, W/O LATE G.M. MAHADEVAIAH AGED ABOUT 61 YEARS,

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SMT. G.M. CHETHANA, W/O NANJUNDAPPA, D/O LATE G.M. MAHADEVAIAH, AGED ABOUT 42 YEARS,

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SRI. G.M. SANDEEP, S/O LATE G.M. MAHADEVAIAH, AGED ABOUT 37 YEARS,

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Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka

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ALL ARE AGRICULTURIST, R/AT GUDEMARANAHALLI VILLAGE, HAND POST, SOLUR HOBLI, MAGADI TALUK, RAMANAGARAM DISTRICT - 562 127.

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…PETITIONERS

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(BY SRI. SADASHIVAIAH K.G.,ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER, RAMANAGARA DISTRICT, RAMANAGARA - 562 159.

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NC: 2023:KHC:41768 WP No. 7081 of 2022

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THE ASSISTANT COMMISSIONER, RAMANAGARA SUB - DIVISION, RAMANAGARA - 562 159.

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THE TAHSILDAR, MAGADI TALUK, MAGADI, RAMANAGARA - 562 159.

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SRI. K.L. THIMMANANJAIAH, S/O K.N. LINGARAJ, AGED ABOUT 55 YEARS, POLITICIAN, R/AT 6^TH CROSS, 1^ST MAIN ROAD, VIDHANA SOUDHA LAYOUT, LAGGERE, BENGALURU - 560 058.

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHAH AGA FOR R1 TO R3 SRI. H.C. NATARAJ., ADVOCATE FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R3,VIDE MUATATION NO.14/1995-96 IN RESPECT OF SY.NO.36/2 MEASURING 34 GUNTAS AND 36/3 MEASURING 2.15 ACRES,36/6 MEASURING 8 GUNTAS OF KUDUR VILLAGE AS PER ANNEXURE-A BY ISSUING WRIT OF CERTIORARI AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2023:KHC:41768 WP No. 7081 of 2022

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ORDER

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Heard the learned counsel appearing for the parties.

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In this writ petition, petitioners are assailing the order dated 08.01.2017 passed in R.A.No.115/2012-13 (Annexure-B) and order dated 03.02.2022, passed by respondent No.1 in Revision Petition No.55/2017-18 (Annexure-C) of the writ petition.

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Having heard the learned counsel appearing for the parties and taking into account the order passed by the respondents-authorities, where the respondents-authorities having taken note of the factual aspects on record, that the authorities expressed the doubt in respect of the Rectification Deed alleged to have been made subsequent to the Sale Deed dated 17.04.1974. It is also made available by the learned counsel appearing for the parties that, petitioners herein have filed O.S.No.695/2022, before the Principal Senior Civil Judge and J.M.F.C, Magadi, seeking declaration with consequential relief of permanent injunction in respect of the subject matter.

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In that view of the matter, there are no merits made out to interfere with the orders passed by the revenue

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NC: 2023:KHC:41768 WP No. 7081 of 2022

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authorities. However, the rights of the parties is subject to the judgment and decree that may be passed by the Civil Court in O.S.No.695/2022.

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With these observations, the writ petition is dismissed .

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SD/JUDGE

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SRA List No.: 1 Sl No.: 45

Smt Chandrakantamma v. Deputy Commissioner

Case brief

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Smt Chandrakantamma v. Deputy Commissioner

Case brief

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