Shankar Kittur vs The Tahsildar
2022 Latest Caselaw 8580 Kant

                          1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF JUNE, 2022

                      PRESENT
 THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
                        AND
      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
        WRIT APPEAL NO. 351/2022 (KLR-RES)

BETWEEN

SHANKAR KITTUR
AGED ABOUT 29 YEARS
S/O NIRMALA KITTUR,
196/11,
GOKUL HUBBALLI - 580 030.
ADDRESS FOR SERVICE:
HOTEL VARDHAMAN PARADISE,
MAIN ROAD, COTTONPETE
BENGALURU - 560 053.
                                           ..APPELLANT

(BY SRI SHANKAR KITTUR, PARTY-IN-PERSON)

AND

1.    THE TAHSILDAR,
      TAHASILDAR OFFICE HUBBALLI,
      LAMIGTON ROAD,
      HUBBALLI - 580 020.

2.    THE ASSISTANT COMMISSIONER,
      DHARWAD,
      DC OFFICE DHARWAD,
      MALAMADDI,
      DHARWAD - 580 008.

3.    THE DEPUTY COMMISSIONER
      DHARWAD,
      DC OFFICE DHARWAD,
                           2



     MALAMADDI,
     DHARWAD - 580 008.

4.   THE KARNATAKA APPELLATE TRIBUNAL (REVENUE),
     M.S. BUILDING,
     BENGALURU - 560 001.

5.   STATE OF KARNATAKA
     CHIEF SECRETARY / ADDITIONAL CHIEF SECRETARY /
     CRA SECRETARIAT,
     M.S. BUILDING,
     VIDHANA SOUDHA,
     BENGALURU - 560 001.

6.   MS. KANCHAN KITTUR
     ADDRESS NOT KNOWN


                                       ...RESPONDENTS


     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ISSUE A WRIT OF HABEAS
CORPUS OR SUCH OTHER APPROPRIATE WRIT, ORDER OR
DIRECTIONS TO THE STATE GOVERNMENT OR CONCERNED
AUTHORITIES   TO   PRODUCE    THE   PERSON   BY   NAME
MS. KANCHANA KITTUR AND OTHERS SAID TO BE SURVIVING
LEGAL HEIRS OF LATE SMT. NIRMALA KITTUR BEFORE THIS
COURT FOR EXAMINATION WITHIN STIPULATED TIME LIMIT
AND ETC.



     THIS WRIT APPEAL COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
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                               JUDGMENT

This intra-Court appeal has been filed challenging the

judgment and order dated 04.02.2022 passed in

W.P.15519/2021 as well as the order dated 01.04.2022

passed in R.P.No.332/2022.

2. The appellant/party-in-person has filed the writ

petition seeking a direction to accused No.1-Tahsildar for

issuance of Legal Heirship Certificate/Surviving Family Member

Certificate. During the course of the proceedings, the

Surviving Family Member Certificate dated 21.01.2022 was

issued. The writ Court, recording the submission of the

appellant as well as learned Additional Government Advocate,

disposed of the writ petition.

3. It appears that the appellant thereafter preferred

R.P.No.332/2022 which was dismissed vide order dated

01.04.2022. Liberty was given to the appellant to challenge

the certificate issued by the Tahsildar. The appellant

thereafter has filed the instant appeal challenging the order

passed in the writ petition as well as in the review petition.

4. We have considered the submissions made by the

appellant and gone through the record.

5. We are of the considered view that since during

the pendency of the writ petition, the grievance of the

appellant was redressed as the Surviving Family Member

Certificate dated 21.01.2022 was issued, nothing was required

to be decided by the writ Court. The writ petition was rightly

disposed of. The review petition filed by the appellant was

misconceived and rightly dismissed.

6. In view of the above, we do not find any infirmity

or illegality in the orders passed by the writ Court. The writ

appeal is accordingly dismissed. It is needless to observe that

liberty is with the appellant to challenge the certificate dated

21.01.2022, if he feels aggrieved.

7. The pending interlocutory application does not

survive for consideration and is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

KPS