Partly allowed

Mr D G Eshwarappa v. the State of Karnataka

Karnataka HC2 Aug 2024WP/12583/2023

Case brief

AI extract

What is this about?

This writ petition sought enforcement of an order dated 04.03.2022 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, directing mutation of property and transfer of possession. The High Court directed the Tahsildar to update the mutation and the Superintendent of Police to hand over possession.

What did the court decide?

The respondent Tahsildar directed to effectuate the order dated 04.03.2022 regarding mutation within four weeks. The Superintendent of Police directed to ensure handover of possession to the petitione

Mr D G Eshwarappa Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:30732 WP No. 12583 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE K. V. ARAVIND

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WRIT PETITION No. 12583 OF 2023 (GM-RES)

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BETWEEN:

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MR. D. G. ESHWARAPPA, S/O LATE CHANNABASAPPA, AGED ABOUT 81 YEARS, R/AT MADAPURA VILLAGE, BELAGUTTI HOBLI, SAVALANGA POST, NYAMATHI TALUK, DAVANAGERE DISTRICT - 577225.

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…PETITIONER

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(BY SRI PRAKASH K. A., ADVOCATE)

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AND:

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Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka

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THE STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY TO GOVT. REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU - 560001.

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THE DEPUTY COMMISSIONER, HONNALI SUB-DIVISION, HONNALI, DAVANAGERE DISTRICT - 577217.

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THE ASSISTANT COMMISSIONER, HONNALI SUB-DIVISION, HONNALI, DAVANAGERE DISTRICT - 577217.

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2 - NC: 2024:KHC:30732 WP No. 12583 of 2023

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THE TAHSILDAR, NADAKACHERI, HONNALI TALUK, HONNALI, DAVANAGERE DISTRICT - 577217.

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THE SUPERINTENDENT OF POLICE, DAVANAGERE, KARNATAKA - 577001.

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MR. D.G. KARIBASAPPA, AGED ABOUT 53 YEARS, S/O MR. D.G. ESHWARAPPA, R/AT DODDETHANAHALLI, BELAGUTHI HOBLI, DODDETHANAHALLI POST, NYAMATHI TALUK, DAVANAGERE DISTRICT 577223.

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MR. D.G. CHANABASAPPA, AGED ABOUT 45 YEARS, S/O MR. D.G. ESHWARAPPA, R/AT MUDDAPURA VILLAGE, BELAGUTHI HOBLI, SAUALANGA POST, NYAMATHI TALUK , DAVANAGERE DISTRICT 577225.

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MR. D.G. NAGARAJAPPA, AGED ABOUT 35 YEARS, S/O MR. D.G. ESHWARAPPA, R/AT MUDDAPURA VILLAGE, BELAGUTHI HOBLI, SAUALANGA POST, NYAMATHI TALUK, DAVANAGERE DISTRICT 577225.

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…RESPONDENTS

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(BY SRI S.H. RAGHAVENDRA, AGA FOR R1 TO R5; R6 TO R8 SERVED AND UNREPRESENTED)

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3 - NC: 2024:KHC:30732 WP No. 12583 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO R-3 TO 5 HEREIN TO TAKE ACTION AS PER THE ORDER DATED 04.03.2022 PASSED BY R-2 HEREIN (ANNEXURE-B). DIRECT THE R-4 HEREIN TO CHANGE THE MUTATION ENTRY OF THE SCHEUDLE PROPERTY TO THE NAME OF THE PETITIONER HEREIN AS PER THE ORDER DATED 04.03.2022 PASSED BY R-2 HEREIN (ANNEXURES C AND D).

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

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The petitioner has purchased the subject property in the name of his children who are respondent Nos.6 to 8 when they were minors. He initiated proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Assistant Commissioner rejected the petition. The petitioner preferred an appeal before the Deputy Commissioner. In terms of order dated 04.03.2022 at Annexure-B, the Deputy Commissioner has issued the following direction,

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"DzÉÃ±À

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ªÉÄÃ®ä£À«AiÀÄ£ÀÄß ¥ÀÄgÀ¸ÀÌj¹zÉ. £ÁåªÀÄw vÁ®ÆèPÀÄ ¨É¼ÀUÀÄwÛ ºÉÆÃ§½ ªÀiÁzÁ¥ÀÄgÀ UÁæªÀÄzÀ ¸À. £ÀA. 46/01 gÀ 01-20 JPÀgÉ, 46/03 gÀ 01-20 JPÀgÉ, 188/2 gÀ 1-05 JPÀgÉ d«ÄÃ£ÀÄUÀ¼À£ÀÄß ªÉÄÃ®ä£À«zÁgÀgÀ ºÉ¸ÀjgÉ SÁvÉ ªÀUÁð¬Ä¸À®Ä vÀºÀ²Ã¯ÁÝgï,

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NC: 2024:KHC:30732 WP No. 12583 of 2023

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£ÁåªÀÄw vÁ®ÆèPÀÄ EªÀjUÉ ªÀÄvÀÄÛ d«ÄÃ£ÀÄUÀ¼À C£ÀÄ¨sÀªÀ ©r¹PÉÆqÀ®Ä ¥ÉÆÃ°Ã¸ï G¥À¤jÃPÀëPÀgÀÄ, £ÁåªÀÄw ¥ÉÆ°Ã¸ï oÁuÉ EªÀjUÉ DzÉÃ²¹zÉ.

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DzÉÃ±ÀªÀ£ÀÄß vÉgÉzÀ £ÁåAiÀiÁ®AiÀÄzÀ°è ¢£ÁAPÀ:4-03-2022 gÀAzÀÄ WÉÆÃ¶¹zÉ."

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It is submitted by the petitioner that the order dated 04.03.2022 has reached finality. It is the grievance of the petitioner that the direction in the order dated 04.03.2022 is not given effect to by respondent No.4-Tahsildar. The beneficiaries were respondents No.3 to 5 before the Deputy Commissioner and respondents No.6 to 8 were impleaded. Though notice was served on respondents No.6 to 8, they remained absent.

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The direction issued under the order dated 04.03.2022 is required to be complied with by respondent No.4-Tahsildar. Therefore, respondent No.4-Tahsildar is directed to give effect to the order dated 04.03.2022 within four weeks from the date of production of the copy of this order.

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In the order dated 04.03.2022, respondent No.5-

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Superintendent of Police is directed to handover possession of the property in question. Respondent No.5 is directed to

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NC: 2024:KHC:30732 WP No. 12583 of 2023

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ensure possession being handed over to the petitioner in terms of order dated 04.03.2022 within six weeks.

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With the above observations, writ petition is disposed of.

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Sd/(K. V. ARAVIND) JUDGE

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MV, List No.: 1 Sl No.: 37

Mr D G Eshwarappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr D G Eshwarappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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