Allowed

Smt Dhanalakshmi S v. the State of Karnataka

Karnataka HC25 Sept 2024WP/2342/2020

Case brief

AI extract

What is this about?

Legal heirs of a deceased revision petitioner challenged revenue orders in a land record dispute on the ground that the revision was decided without impleading or hearing the legal heirs of the deceased revision petitioner and a deceased respondent. The Court set aside the orders as passed against a dead person and remitted the matter to the Deputy Commissioner for re-hearing.

What did the court decide?

Writ petition allowed; impugned orders set aside; matter remitted to Deputy Commissioner for re-hearing with parties to appear on 28.10.2024.

Smt Dhanalakshmi S Vs the State of Karnataka — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:39827 WP No. 2342 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2342 OF 2020 (KLR-RR/SUR)

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BETWEEN:

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SMT. DHANALAKSHMI S, W/O LATE NARASIMHA MURTHY, AGED ABOUT 70 YEARS,

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SRI. RAVINDRA N, S/O LATE NARASIMHA MURTY, AGED ABOUT 49 YEARS,

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BOTH ARE R/AT MARALU BAGILU, 8TH WARD, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT - 562 110.

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Digitally signed by KAVYA R Location: High Court of Karnataka

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PRESENTLY R/AT NO.111 1ST MAIN ROAD, CHAMARAJPET, BENGALURU - 560 018.

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(BY SRI. RAGHAVENDRA N.R, ADVOCATE)

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…PETITIONERS

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS REVENUE SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001.

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THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, DISTRICT ADMINISTRATION BHAVAN,

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NC: 2024:KHC:39827 WP No. 2342 of 2020

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1ST FLOOR, BEERASANDA VILLAGE, CHAPRADA KALLU GATE, KUNDANA HOBLI, DEVANAHALLI TALUK,

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BENGALURU RURAL DISTRICT - 562 110.

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THE ASSISTANT COMMISSIONER, DODDABALLAPUR SUB DIVISION, DODDABALLAPUR,

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BENGALURU RURAL DISTRICT - 561 203.

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THE TAHASILDAR, DEVANAHALLI TALUK, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT - 562 110.

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THE VILLAGE ACCOUNTANT, COMPUTERIZED CENTRE, TALUK OFFICE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110.

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SRI. D. CHANAPPA, S/O LATE DASAPPA, AGED ABOUT 65 YEARS, REPRESENTED BY GPA HOLDER PARAMASHIVAIAH, ITTAMADU POST, DIDADI HOBLI, RAMANAGARA DISTRICT - 562 109.

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SMT. GOWRAMMA, W/O LATE RAMAIAH (1ST WIFE), AGED ABOUT 70 YEARS,

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SMT. CHANDRIKA, D/O LATE RAMAIAH AND SMT. GOWRAMMA, AGED ABOUT 40 YEARS,

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3 - NC: 2024:KHC:39827 WP No. 2342 of 2020

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SRI. RAGHAVENDRA,

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S/O LATE RAMAIAH AND SMT. GOWRAMMA, AGED ABOUT 33 YEARS,

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SMT. PUSHPHA, D/O LATE RAMAIAH AND SMT. GOWRAMMA, AGED ABOUT 31 YEARS,

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SMT. SHANTHAMMA, W/O LATE RAMAIAH (2ND WIFE), AGED ABOUT 60 YEARS,

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SRI. NAGARAJA, S/O LATE RAMAIAH AND SHANTHAMMA, AGED ABOUT 25 YEARS,

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SRI. NAVEEN, S/O LATE RAMAIAH AND SHANTHAMMA, AGED ABOUT 23 YEARS,

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THE RESPONDENTS NO.7 TO 13 ARE R/AT BINNAMANGALA VILLAGE YELUR POST, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110.

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SRI. J. CHELLARAM, S/O JUGGARAM, AGED ABOUT 60 YEARS, R/AT PRASHANTHANAGARA, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT - 562 110.

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…RESPONDENTS

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(BY SRI. HARISHA A.S, AGA FOR R1 TO R5; SRI. S.P. KULKARNI, SR. ADVOCATE FOR SRI. VASANTHA KUMAR K.M, ADVOCATE FOR R15; R6, R7, R9, R10, R11 AND R4 ARE SERVED; VIDE ORDER DATED 07.12.2020 R7 TO R10, R13 ARE LRS OF DECEASED R12)

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4 - NC: 2024:KHC:39827 WP No. 2342 of 2020

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY R-2 IN REVISION PETITION VIDE R.P.NO.17/200809, DATED 14.06.2019 AS PER ANNX-F AND ORDERS PASSED BY THE R-3 AS PER ANNX-D AND ALSO ORDERS PASSED BY THE R-4 DATED 21.09.2007 AS PER ANNX-E AND TO DIRECT TO R-4 TO RESTORES THE ORIGINAL ENTRIES AS PER ANNX-B IN THE NAME OF PETITIONERS, IN RESPECT OF LAND BEARING SY.NO.49, MEASURING 1 ACRE OUT OF 4 ACRES 24 GUNTAS AND 4 GUNTAS KARABH OF BINNAMANGALA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGLAURU RURAL DISTRICT

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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The captioned petition is filed by the legal heirs of

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one Narasimha Murthy, who was a revision petitioner in RP.No.17/2008-2009 against the orders vide Annexure-F, D and E.

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Learned counsel appearing for the petitioners and learned Senior counsel appearing for private respondents acknowledges that this revision is decided

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5 - NC: 2024:KHC:39827 WP No. 2342 of 2020

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without impleading the legal heirs of the revision petitioner, Narasimha Murthy and also legal heirs of respondent No.6/D.Chanappa, who was arrayed as respondent No.4 before the Deputy Commissioner. To substantiate that the legal heirs of revision petitioner Narasimha Murthy were not heard in the matter and that the order is passed against the dead person is also substantiated by placing on record the death certificate, which is evidenced at Annexure-G to the writ petition.

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Without expressing any opinion on the merits,

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this Court is of the view that the matter needs to be remitted back to the Deputy Commissioner to re-hear the revision petition after notifying the petitioners and contesting private respondents. On this short point, since the order is against the dead person, the order under challenge is not sustainable and is liable to be set aside. For the reasons stated supra, this Court passes the following:

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NC: 2024:KHC:39827 WP No. 2342 of 2020

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ORDER

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i. The writ petition is allowed.

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ii. The matter stands remitted back to respondent No.2/Deputy Commissioner, Bengaluru Rural District;

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iii. Since the parties are represented by their respective counsel, the petitioners and private respondents are hereby directed to appear before the Deputy Commissioner without expecting any further notice from the office of the Deputy Commissioner on 28.10.2024;

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iv. All contentions are kept open;

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v. Pending applications, if any, are also disposed off.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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HDK List No.: 1 Sl No.: 1 CT: BHK

Smt Dhanalakshmi S v. the State of Karnataka

Case brief

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Smt Dhanalakshmi S v. the State of Karnataka

Case brief

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