Sri. Siddappa S/O Mallappa ... vs The Commissioner
2023 Latest Caselaw 5631 Kant

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                                                        NC: 2023:KHC-D:8951
                                                           WP No. 104010 of 2023




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 16TH DAY OF AUGUST, 2023

                                               BEFORE

                           THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                              WRIT PETITION NO. 104010 OF 2023 (LB-RES)

                      BETWEEN:

                      SRI SIDDAPPA S/O. MALLAPPA NAGARAHALLI,
                      AGE: 69 YEARS, OCC: AGRICULTURE,
                      R/O: RAYAPUR, TQ: AND DIST: DHARWAD.
                                                                    ...PETITIONER
                      (BY SRI ANNASAHEB SHALAGAR, ADV. FOR
                      SRI S.B. DODDAGOUDAR AND A.C. CHAKALABBI, ADVOCATES)

                      AND:

                      1.   THE COMMISSIONER,
                           OFFICE OF COMMISSIONER HDMC,
                           HUBBALLI-DHARWAD MUNICIPAL CORPORATION,
                           HUBBALLI, DIST: DHARWAD-580020.

                      2.   THE JOINT COMMISSIONER,
                           OFFICE OF JOINT COMMISSIONER HDMC,
                           HUBBALLI-DHARWAD MUNICIPAL CORPORATION,
MOHANKUMAR                 ZONAL OFFICE-4, NAVANAGAR, HUBBALLI,
B SHELAR
                           DIST: DHARWAD-580025.
Digitally signed by
                                                                  ...RESPONDENTS
MOHANKUMAR B
SHELAR                (BY SRI OMKAR L. DESAI, ADV. FOR
Location: DHARWAD
Date: 2023.08.19
12:59:04 -0700
                      SRI G.K. HIREGOUDAR, ADV. FOR R1 AND R2;
                      SRI ABHINANDAN HIREMATH, ADV. FOR
                      SRI. G.I. GACHCHINAMATH ADV. FOR R1 AND R2)

                           THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                      OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
                      CERTIORARI QUASHING THE ENDORSEMENT DATED 02/03/2023
                      BARING NO. HDMC/Z-04/22A/2022-23 ISSUED BY THE RESPONDENT
                      NO. 2 VIDE ANNEXURE-A; TO ISSUE A WRIT OF MANDAMUS AND
                      DIRECT THE RESPONDENT NO. 2 CONSIDER THE REPRESENTATION
                      VIDE ANNEXURE-F AND DIRECT THE RESPONDENT NO. 2 TO ENTER
                      HIS NAME IN THE CTS EXTRACT IN THE PROPERTY BEARING
                      HUBALI-DHARWAD MUNICIPAL NO. 43 SITUATED AT DYAMAVAN
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                                          NC: 2023:KHC-D:8951
                                           WP No. 104010 of 2023




GUDI ONI AT RAYAPUR IN RESPECT OF HIS SHARE; THE HON'BLE
COURT MAY ALSO BE PLEASED TO PASS ANY OTHER WRIT, ORDER,
DIRECTION ETC IN THE ABOVE CASE TO SERVE THE ENDS OF
JUSTICE.

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

                               ORDER

Captioned petition is filed by the plaintiff, who has a

benefit of decree passed in O.S.No.121/2004 modified by the

Appellate Court in R.A.No.14/2009 wherein plaintiff is allotted

1/5th share and the said 1/5th share is allotted to present

petitioner in FDP No.29/2013 and possession is delivered to

him in Execution Case No.234/2017.

2. The petitioner has knocked the doors of the writ

Court feeling aggrieved by the endorsement issued by

respondent No.2 wherein respondent No.2 has declined to

mutate the name of the petitioner on the ground that RSA

No.100793/2019 is pending before this Court. The said

endorsement suffers from serious infirmity. If petitioner has

succeeded in partition suit and if the subject matter of writ

petition is allotted to the share of petitioner in FDP No.29/2013

and possession is also delivered in execution proceedings, mere

pending of regular second appeal before this Court will not

NC: 2023:KHC-D:8951 WP No. 104010 of 2023

operate as a stay. All these significant details are not taken into

consideration by respondent No.2. If the rights of the petitioner

have crystallized not only pursuant to preliminary decree but

pursuant to final decree passed by the Competent Court and

possession being delivered in execution proceedings,

respondent No.2 is bound to effect the mutation in terms of

final decree drawn by the FDP Court in FDP No.29/2013.

3. In the light of the discussions made supra, the

impugned endorsement issued by respondent No.2 is not

sustainable. Petitioner's rights have stood crystallized and

therefore, he has a legal right to get his name mutated to the

property extract in terms of final decree. Therefore, this is a fit

case where direction needs to be issued to respondent No.2.

Hence, the following:

ORDER

i) The writ petition stands allowed.

ii) Respondent No.2 is hereby directed to mutate the name of the petitioner in terms of judgment rendered in R.A.No.14/2009 and the judgment rendered in FDP No.29/2013 within a period of four weeks from the date of receipt of certified copy of this order.

NC: 2023:KHC-D:8951 WP No. 104010 of 2023

iii) It is needless to say that the mutation entries in respect of petition properties in the name of petitioner shall be subject to outcome of regular second appeal pending before this Court.

iv) In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

Sd/-

JUDGE