Disposed¶36

Sri. Girish Kalasappanavar S/O Shivandappa K v. the Deputy Commissioner

Karnataka HC6 Feb 2025WP/100829/2025

Case brief

AI extract

What is this about?

Certiorari; writ petition under Articles 226/227; mutation entry in revenue records; appeal under S.136(2) Karnataka Land Revenue Act; gift deed dated 11.01.2022; late Smt. Kamalamma; Deputy Commissioner Vijayanagara; order dated 23.01.2025 in Appeal No.84/2024-25; order made subject to pending suit O.S.No.129/2024 (partition and challenge to gift deed); avoidance of encumbrances; all contentions left open; WP No.100829 of 2025 (KLR-RR/SUR); High Court of Karnataka, Dharwad Bench; Justice Suraj Govindaraj; disposed on 06.02.2025; notice to respondent No.4 dispensed with; no precedent discussed.

What did the court decide?

No substantive relief; the petition was disposed of with the impugned order made subject to the order/judgment to be passed in O.S.No.129 of 2024 and all contentions left open in the suit. ¶36

Sri. Girish Kalasappanavar S/O Shivandappa K Vs… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; the petition was disposed of with the impugned order made subject to the order/judgment to be passed in O.S.No.129 of 2024 and all contentions left open in the suit.

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Issue for consideration

Whether the impugned order dated 23.01.2025 passed by respondent No.1 (Deputy Commissioner) in Appeal No.84/2024-25, directing entry of the name of Smt. Kamalamma in the revenue records, ought to be quashed in certiorari and the order dated 13.09.2024 of the 2nd respondent in RA(H.Halli) CR 37/2024 confirmed.

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Ratio / Principle

No infirmity was found in the order dated 23.01.2025 at Annexure-B, save that respondent No.1 could have made it subject to the result of the suit in O.S.No.129 of 2024.

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Key takeaways

The Court observed that respondent No.1 probably did not make the order subject to the suit since any order passed in O.S.No.129 of 2024 would be binding on the parties.obiter¶35
Finding no infirmity in the order dated 23.01.2025 at Annexure-B, and with the impugned order standing subject to the order/judgment to be passed in O.S.No.129 of 2024, the petition was disposed of.ratio¶36
All contentions of the parties were left open to be taken up in O.S.No.129/2024.ratio

Detailed headnote1 paragraphs

Writ Petition (KLR-RR/SUR), High Court of Karnataka, Dharwad Bench (Suraj Govindaraj J., 06.02.2025): The petitioner, claiming a gift deed dated 11.01.2022 from late Smt. Kamalamma, challenged under Articles 226 and 227 of the Constitution the Deputy Commissioner's order dated 23.01.2025 in Appeal No.84/2024-25, whereby respondent No.4's appeal under sub-section (2) of Section 136 of the Karnataka Land Revenue Act was allowed and entry of Smt. Kamalamma's name in the revenue records was directed to avoid creation of encumbrances pending O.S.No.129 of 2024 (partition and challenge to the gift deed). The Court found no infirmity in the order, observing only that it could have been made subject to the result of the suit; disposing of the petition, the Court made the impugned order expressly subject to the order/judgment in O.S.No.129 of 2024 and left all contentions open to be agitated therein.

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1 - NC: 2025:KHC-D:2366 WP No. 100829 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.100829 OF 2025 (KLR-RR/SUR)

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BETWEEN:

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SRI. GIRISH KALASAPPANAVAR S/O. SHIVANDAPPA K., AGE: 36 YEARS, OCC: AGRICULTURE, R/O. GUNDAGATTI VILLAGE, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA.

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…PETITIONER

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(BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER, VIJAYANAGARA,

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DIST: VIJAYANAGARA-583131.

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ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THE ASSISTANT COMMISSIONER HARAPANAHALLI, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA-583131.

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THE TAHASILDAR, HARAPANAHALLI, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA-583131.

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SRI. GANESH KAMMATAR S/O. LATE KOTRAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. GUNDAGATTI VILLAGE, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA-583131.

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…RESPONDENTS

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(BY SRI. V.S. KALASURMATH, AGA FOR R1-R3;

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NC: 2025:KHC-D:2366 WP No. 100829 of 2025

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NOTICE TO R4 IS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 23.01.2025 IN APPEAL NO.84/2024-25 PASSED BY THE 1^ST RESPONDENT, VIDE ANNEXURE-B AND CONSEQUENTLY TO CONFIRM THE ORDER DATED 13.09.2024 PASSED BY THE 2^ND RESPONDENT RA(H.HALLI) CR 37/2024 VIDE ANNEXURE-A; ISSUE ANY OTHER WRIT, ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY.

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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Learned AGA accepts notice for respondents No.1 to 3. Notice to respondent No.4 is dispensed with in view of the proposed order to be passed.

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The petitioner is before this Court seeking for the following reliefs;

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“1. Issue a writ in the nature of certiorari quashing the impugned order dated 23.01.2025 in Appeal No. 84/2024-25 passed by the 1^st respondent vide Annexure-B and consequently to confirm the order dated 13.09.2024 passed by the 2^nd respondent in RA(H.Halli) CR 37/2024 vide Annexure-A.

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Issue any other writ, order or direction as this Hon’ble Court deems fit to grant in the facts and circumstances of this case in the interest of justice and equity.”

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3 - NC: 2025:KHC-D:2366 WP No. 100829 of 2025

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The petitioner claims that a gift deed has been executed in his favour by late Smt.Kamalamma on 11.01.2022 in respect to subject property. Respondent No.4 had challenged the entry made in the name of the petitioner by filing an appeal under subsection (2) of Section 136 of the Karnataka Land Revenue Act. The said application having been allowed, the petitioner is before this Court seeking for the aforesaid reliefs.

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Respondent No.1 vide order dated 23.01.2025 has directed the entry of the name of Smt.Kamalamma in the revenue records taking into account that a suit in OS No.129 of 2024 has been filed where the dispute as regards the properties is in issue including a challenge to the gift deed and for partition of the properties. That being so, it is in order to avoid any encumbrances being created on the property that respondent No.1 has passed such an order. I do not find any infirmity in the said order except that respondent No.1 could have made this said order subject to the result of the suit in O.S.No.129 of 2024. Probably respondent No.1 did not

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4 - NC: 2025:KHC-D:2366 WP No. 100829 of 2025

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do so since any order passed in O.S.No.129 of 2024 would be binding on the parties.

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In that view of the matter, the impugned order passed by respondent No.1 being subject to the order/judgment to be passed in O.S.No.129 of 2024 finding no infirmities with the order dated 23.01.2025 at Annexure-B, the petition stands disposed of.

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All contentions are left open to be taken up in O.S.No.129/2024.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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List No.: 1 Sl No.: 28

Sri. Girish Kalasappanavar S/O Shivandappa K v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Sri. Girish Kalasappanavar S/O Shivandappa K v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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