Karnataka High Court
Jagadevi And Ors vs The Deputy Commissioner Bidar And ... on 30 August, 2023
Bench: E.S.Indiresh
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NC: 2023:KHC-K:6854
WP No. 201905 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 201905 OF 2023 (KLR-RR/SUR)
BETWEEN:
1. JAGDEVI W/O KASHINATH
(D/O SIDRAM @ SIDRAMAPPA),
AGED ABOUT 61 YEARS,
OCC: HOUSEHOLD AND
AGRICULTURE,
R/O HULESIDDA GALLI,
VILLAGE ALLAMBER,
TALUKA AND DISTRICT BIDAR.
2. SHANTAMMA
W/O MADHAVRAO
(D/O SIDRAM @ SIDRAMAPPA),
AGED ABOUT 48 YEARS,
Digitally
signed by B OCC: HOUSEHOLD AND AGRICULTURE,
NAGAVENI R/O G.P.NO.15, VILLAGE MUDHOL(B),
Location: TALUKA AURAD, DISTRICT BIDAR.
High Court
Of
Karnataka 3. MAHADEVI
W/O RAJKUMAR RIKKE
(D/O SIDRAM @ SIDRAMAPPA),
AGED ABOUT 43 YEARS,
OCC: HOUSEHOLD AND
AGRICULTURE,
R/O VILLAGE ALLAMBER,
TALUKA AND DISTRICT BIDAR.
...PETITIONERS
(BY SRI.R.S.SIDHAPURKAR, ADVOCATE)
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NC: 2023:KHC-K:6854
WP No. 201905 of 2023
AND:
1. THE DEPUTY COMMISSIONER, BIDAR
OFFICE OF DEPUTY COMMISSIONER
COMPLEX, OPPOSITE OLD BUS STAND,
BIDAR-585401.
2. THE ASST. COMMISSIONER, BIDAR
OFFICE OF DEPUTY COMMISSIONER
COMPLEX, OPPOSITE OLD BUS STAND,
BIDAR-585401.
3. SUBHASH S/O NAGSHETTY,
AGED ABOUT 67 YEARS,
OCC: AGRICULTURE,
4. NAGSHETTY
S/O LATE SIDRAMAPPA @ SIDRAM,
AGED ABOUT 42 YEARS,
OCC: AGRICULTURE,
5. MARUTHI
S/O LATE SIDRAMAPPA @ SIDRAM,
AGED ABOUT 37 YEARS,
OCC: AGRICULTURE,
6. SANGMESH
S/O LATE SIDRAMAPPA @ SIDRAM,
AGED ABOUT 35 YEARS,
OCC: AGRICULTURE,
ALL R/O BESIDES HOUSE
BEARING G.P.NO.1-150, OLD MAILOOR,
TALUKA AND DISTRICT BIDAR-585403)
...RESPONDENTS
(BY SRI.GOPALKRISHNA B. YADAV, HCGP FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER
DATED 22.06.2023 PASSED BY 1ST RESPONDENT-DEPUTY
COMMISSIONER, BIDAR, IN FILE NO.REV/APPEAL/LND-01/2023-24,
THE CERTIFIED COPY OF WHICH IS AT ANNEXURE-F AND ETC.
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NC: 2023:KHC-K:6854
WP No. 201905 of 2023
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the
petitioners and learned High Court Government Pleader
appearing for respondent Nos.1 and 2.
2. In this writ petition, the petitioners are assailing
the order dated 22.06.2023 (Annexure-F) passed by
respondent No.1/Deputy Commissioner setting aside the
order passed by respondent No.2/Assistant Commissioner
(Annexure-E) dated 16.01.2023 in No.Rev/Appeal/Cr-
26/2022-23/3084-86.
3. Having heard the learned counsel appearing for
the parties and on careful examination of the finding
recorded by respondent No.1, it would indicate that the
subject matter of the land was in question in
O.S.No.59/2016 wherein the suit was filed for declaration.
The said suit came to be dismissed and thereafter, appeal
NC: 2023:KHC-K:6854
WP No. 201905 of 2023
is preferred before the Principal Civil Judge, Bidar, in
R.A.No.67/2020 which came to be dismissed confirming
the dismissal of the suit in O.S.No.59/2016. The said
judgment and decree passed by the Courts below has
reached finality determining the rights of the parties. In
that view of the matter, respondent No.1 has rightly set
aside the order passed by respondent No.2 herein wherein
respondent No.2 had not considered the civil suits
between the parties while passing the order. Therefore,
this Court does not find any ground to interfere with the
impugned order passed by respondent No.1. Accordingly,
the writ petition is dismissed.
However, liberty is reserved to the petitioners to
establish their rights in a competent Court, if so advised,
in a manner known to law.
Sd/-
JUDGE
NB
