Gangadharayya S/O Mahantlingayya Hireamth Aliyas Kustagi Vs the Deputy Commisioner

SHARADADEVI W/O. PRABHURAJ HIREMATH, AGE. 58 YEARS, OCC. HOUSE HOLD, R/O. OPPOSITE SIDDHAROOD KIRANI SHOP, JALAL ONI, HUBBALLI, TQ. HUBALLI, DIST. DHARWAD-580009.

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2 - NC: 2025:KHC-D:4166 WP No. 107708 of 2023

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MAHADEVAYYA S/O. MAHALINGAYYA HIREMATH, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. B .B. NAGAR, KUSTAGI , TQ. KUSTAGI, DIST. KOPPAL-583277.

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VIRUPAXYYA S/O. MAHANTHLINGAYYA HIREMATH, AGE. 60 YEARS, OCC. AGRICULTURE, KUSTAGI, TQ. KUSTAGI, DIST. KOPPAL-583277.

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THE VILLAGE ACCOUNTANT KUSTAGI, TQ: KUSTAGI, DIST: KOPPAL – 583277.

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…RESPONDENTS

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(BY SRI T.HANUMAREDDY, AGA, FOR R1 TO R3)

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND QUASH THE ORDER PASSED BY RESPONDENT NO.1 DATED 27/07/2023 BEARING ITS NO.KAM/APPEALU/52/2021-22/2149 PRODUCED AT ANNEXURED AND CONSEQUENTLY QUASH THE ORDER DATED 24/12/2021 PASSED BY THE RESPONDENT NO.2 BEARING ITS NO.KAM.RRT. APPEALU.03/2021-22/2340 PRODUCED AT ANNEXURE-C, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING,

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THIS DAY, THE COURT MADE THE FOLLOWING:

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3 -

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NC: 2025:KHC-D:4166 WP No. 107708 of 2023

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CORAM: THE HON'BLE MRS JUSTICE M.G.UMA

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ORAL ORDER

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The petitioner has approached this Court seeking for

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the following reliefs:

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a. Issue a writ in nature of Certiorari or any other appropriate writ and quash the order passed by respondent no.1 dated 27.07.2023 bearing its No.KAM/APPEALU/52/2021-22/2149 produced at ANNEXURE-D and consequently quash the order dated 24.12.2021 passed by the respondent no.2 bearing its No.KAM:RRT:APPEALU:03/2021-22/2340 produced at ANNEXURE-C, in the interest of justice and equity.

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b. Pass such other order or orders as this Hon’ble Court may deem fit in the circumstances of the case.

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Heard Smt.Yalagi Kavya Shivappa learned counsel for petitioner and Sri T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 3. Perused the material on record.

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It is the contention of the petitioner that he is

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one of the sharers who is entitled for a share in the joint family properties. One of the sisters of the petitioner filed a suit in O.S.No.94/2015 seeking partition and separate possession of the joint family properties. Respondent No.5 filed the counter claim, claiming his share in the

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4 - NC: 2025:KHC-D:4166 WP No. 107708 of 2023

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properties. It is stated that the said suit came to be dismissed by the Trial Court. However, the counter claim filed by respondent no.5 was allowed allotting him his share in the properties. Learned counsel submits that, the petitioner and others have challenged the judgment passed in O.S.No.94/2015 by preferring R.A.No.126/2024, which is still pending for consideration.

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Now it is the grievance of the petitioner that respondent No.4 filed an application before respondent No.3 – The Tahasildar, seeking to enter her name in the Record of Rights. The said application was accepted by the Tahasidlar and the name of respondent No.4 was entered in the revenue records. The said order passed by respondent no.3 was confirmed by the Assistant Commissioner and the Deputy Commissioner, who are respondent Nos.2 and 1 respectively in this writ petition. Being aggrieved by such order, petitioner is before this Court.

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5 - NC: 2025:KHC-D:4166 WP No. 107708 of 2023

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When admittedly, the suit for partition was filed

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by one of the sharers in O.S.No.94/2015, challenging the dismissal of the suit and allowing the counter claim filed by respondent no.5, in O.S.No.94/2015, R.A.No.126/2024 was filed which is pending consideration before the competent court of civil jurisdiction. I am of the opinion that, the impugned order produced as per Annexures-C and D are subject to the final result of the suit now pending in R.A.No.126/2024.

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Accordingly, the writ petition is disposed of.

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Sd/(M.G.UMA) JUDGE

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EM CT:ANB List No.: 1 Sl No.: 32

Gangadharayya S/O Mahantlingayya Hireamth Aliyas Kustagi v. the Deputy Commisioner

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Gangadharayya S/O Mahantlingayya Hireamth Aliyas Kustagi v. the Deputy Commisioner

Case brief

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