Dismissed¶40

Chanabasappa S/O. Mallappa Hubballi v. the Deputy Commissioner

Karnataka HC8 Jan 2025WP/105502/2014

Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad Bench; WP No.105502 of 2014 (KLR-RES); decided 08.01.2025 by Suraj Govindaraj J; certiorari under Articles 226/227 against Annexures E (26.06.2012, No.Podi/A.P./CR-35/11-12) and F (02.01.2014, No.R.E.V. Podi.C.R-8/12-13); land 5 acres 18 guntas out of 10 acres 18 guntas, Sy.No.228/2, Hirebendigeri village, Tq. Shiggaon, Dist. Haveri; claim founded on alleged sale/giving up by respondent No.2; sale deed not produced despite Court's call; counsel had no instructions; petition not making out any ground, dismissed.

What did the court decide?

Without such a sale deed being placed on record, the petitioners cannot claim any right in respect of the said property and the writ petition cannot be considered. ¶39

Chanabasappa S/O. Mallappa Hubballi Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC-D:279 WP No. 105502 of 2014

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.105502 OF 2014 (KLR-RES)

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BETWEEN:

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SRI. CHANABASAPPA S/O. MALLAPPA HUBBALLI, AGE: 85 YEARS, OCC: AGRICULTURE, R/O. HIREBENDIGERI, TQ: SHIGGAON, DIST: HAVERI. SINCE DEAD BY HIS LR’S.

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1(A) GANGADHAR S/O. CHANABASAPPA HUBBALLI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. HIREBENDIGERI, TQ: SHIGGAON, DIST: HAVERI.

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1(B) IRAPPA S/O. CHANABASAPPA HUBBALLI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. HIREBENDIGERI, TQ: SHIGGAON, DIST: HAVERI.

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ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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1(C) SMT. YALLAWWA W/O. KARAVEERAPPA WADAVATTI, AGE: 57 YEARS, OCC: HOUSEWIFE, R/O. HIREBENDIGERI, TQ: SHIGGAON, DIST: HAVERI.

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…PETITIONERS

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(BY SRI. P.G. CHIKKANARAGUND, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER, HAVERI DISTRICT, HAVERI.

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SRI. CHANNAPPAGOUDA RAGHUNATHGOUDA PATIL, AGE: MAJOR, OCC: NOT KNOWN, SINCE DEAD BY HIS LR’S.

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2 - NC: 2025:KHC-D:279 WP No. 105502 of 2014

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2(A) SMT. SUBHADRAVVA @ SUBHADRADEVI W/O. CHANNAPPAGOUDA PATIL, AGE: 65 YEARS, OCC: HOUSEWIFE, R/O. HIREBENDIGERI, TQ: SHIGGAON, DIST: HAVERI-581205.

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2(B) SMT. JAYASHREE W/O. TAKANGOUDA MARALINGANGOUDRA, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O. HIREBUDIHAL, TQ: KUNDAGOL, DIST: DHARWAD-581212.

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2(C) SMT. SHAKUNTALA W/O. MAILAPPA VIJAPUR, AGE: 43 YEARS, OCC: HOUSEHOLD, R/O. BASAVANAL, TQ: SHIGGAON, DIST: HAVERI-581118.

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2(D) SRI. NEELAPPAGOUDA S/O. CHANNAPPAGOUDA PATIL, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. HIREBENDIGERI, TQ: SHIGGAON, DIST: HAVERI-581205.

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2(E) SRI. VEERANAGOUDA S/O. CHANNAPPAGOUDA PATIL, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. HIREBENDIGERI, TQ: SHIGGAON, DIST: HAVERI-581205.

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OFFICE OF THE DEPUTY COMMISSIONER, TECHNICAL ASSISTANT LAND RECORDS AND DEPUTY DIRECTOR OF LAND RECORDS, HAVERI.

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THE TAHASHILDAR, SHIGGAON TALUK, SHIGGAON.

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…RESPONDENTS

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(BY SRI. M.M. KHANNUR, AGA FOR R1, R3, R4; SRI. B.M. PATIL, ADVOCATE FOR R2(A-E))

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3 - NC: 2025:KHC-D:279 WP No. 105502 of 2014

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 26.06.2012 IN NO.PODI/A.P./CR-35/11-12 VIDE ANNEXURE-E PASSED BY THE 3^RD RESPONDENT, AND THE ORDER DATED 02.01.2014 IN NO.R.E.V. PODI.C.R-8/12-13 PASSED BY THE 1^ST RESPONDENT VIDE ANNEXURE-F; REMAND THE MATTER TO THE 3^RD RESPONDENT FOR RECONSIDERATION AFRESH OR ISSUE ANY OTHER SUCH ORDER OR DIRECTION AS THIS HON’BLE COURT MAY DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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

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The petitioners are before this Court seeking the following relief:

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a) Issue a Writ of Certiorari quashing the order dated 26.06.2012 in No.Podi/A.P./CR-35/11-12 vide ANNEXURE-E passed by the 3^rd Respondent, and the order dated 02.01.2014 in No.R.E.V. Podi.C.R8/12-13 passed by the 1^st respondent Vide ANNEXURE-F, in the interest of justice and equity.

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b) Remand the matter to the 3^rd respondent for reconsideration afresh or issue any other such order or direction as this Hon’ble court may deems fit and proper under the facts and circumstances of the case, in the interest of justice and equity.

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The petitioners claim that respondent No.2 had given

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up 5 acres 18 guntas of land out of 10 acres 18 guntas in Sy.No.228/2 of Hirebendigeri village, Tq: Shiggaon.

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4 - NC: 2025:KHC-D:279 WP No. 105502 of 2014

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The claim of the petitioners is based on the said alleged sale. This Court earlier had called upon the petitioners to produce the sale deed, which has not been produced. Today also, on inquiry with the counsel for the petitioners if a sale deed is available to be produced and if it will be produced, he submits that he has no instructions as regards the same. The claim of the petitioners being entirely based on a alleged sale by respondent No.2 of the aforesaid 5 acres 18 guntas of land, without such a sale deed being placed on record, the petitioner cannot claim any right in respect to said property and the above petition cannot be considered.

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In view of the above, the petition not making out any ground, stands dismissed.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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AM List No.: 1 Sl No.: 63

Chanabasappa S/O. Mallappa Hubballi v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Chanabasappa S/O. Mallappa Hubballi v. the Deputy Commissioner

Case brief

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