The petitioner challenged the Deputy Commissioner's order permitting the respondent to be impleaded as a legal heir in a PTCL appeal. The Court dismissed the petition at the admission stage, observing no infirmity in allowing the legal heir to contest.
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.
NC: 2024:KHC:22481 WP No. 22936 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22936 OF 2017 (SC-ST)
BETWEEN:
K A SWAMY S/O K KARUPPAGOWNDER AGED ABOUT 50 YEARS R/AT PUNJANURU VILLAGE CHAMARAJANAGAR TALUK …PETITIONER
(BY SMT.S.SUMATHI, ADV.)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
CHAMARAJANAGAR DIST – 571 313
CHAMRAJANAGAR TALUK & DIST – 571 313
(BY SMT.SAVITHRAMMA, AGA FOR R1 TO R3; SRI. R.C.NAGARAJ, ADV., FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-F THE
NC: 2024:KHC:22481 WP No. 22936 of 2017
ORDER DATED 27.2.2017 PASSED ON I.A. UNDER ORDER 1 RULE 10(2A) OF CPC IN PTCL APPEAL NO.1/2011 AT CHAMARAJANAGARA ON THE FILE OF DEPUTY COMMISSIONER, CHAMARAJANAGAR. THIS PETITION, COMING ON FOR DISMISSAL FOR NONPROSECUTION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Issue a writ, direction or order in the nature of certiorari by quashing ANNEXURE-F, the order dated 27-02-2017 passed on I.A. under Order 1 Rule 10(2A) of CPC in PTCL Appeal No. 1/2011 at Chamarajanagara on the file of Deputy Commissioner, Chamarajanagar.
2. Issue any other writ, direction or Order which deems fit under the circumstances of the case.
NC: 2024:KHC:22481 WP No. 22936 of 2017
proceedings on the ground that the land was granted land and has been granted in favor of one Sri.Krishnabovi/Sri.Krishnaboyi the land having been ordered to be resumed, the purchaser had filed an appeal before the Deputy Commissioner. In the said proceedings an application had been filed by respondent No.4 to come on record contending that Sri.Krishnabovi/Sri.Krishnaboyi had expired, leaving behind her son Sri.Gopal., she is the wife of Sri.Gopal and as such the only surviving legal heir of Sri.Krishnabovi/Sri.Krishnaboyi. The said application having been allowed, the petitioner is before this court contending that there is no document which had been produced to establish that respondent No.4 was related to Sri.Krishnabovi/Sri.Krishnaboyi and as such the said Deputy Commissioner ought not to have allowed the said application.
NC: 2024:KHC:22481 WP No. 22936 of 2017
granted to Sri.Krishnabovi/Sri.Krishnaboyi. If that be
so, a legal heir of Sri.Krishnabovi/Sri.Krishnaboyi cannot be deprived of contesting the matter. Insofar as the relationship to be established, the grant to be established and the rights of
Sri.Krishnabovi/Sri.Krishnaboyi which will flow to the respondent No.4. The same would have to be so done by respondent No.4 before the Deputy Commissioner.
Sd/JUDGE
SR List No.: 1 Sl No.: 20
1 issue framed by the court
Whether the Deputy Commissioner erred in allowing the application under Order 1 Rule 10(2A) of CPC to implead the legal heirs of the original land grantee.
2 provisions across 2 enactments
K A Swamy
The Deputy Commissioner Chamarajanagar
The Assistant Commissioner Kollegal Sub-Division
Tahsildar Chamrajnagar Taluk & Dist
Smt Lakshmi
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
