Sri. Chandrappa vs Deputy Commissioner
2023 Latest Caselaw 7351 Kant

                                                     -1-
                                                              NC: 2023:KHC:38171
                                                           WP NO.23259 OF 2023



                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 27TH DAY OF OCTOBER, 2023

                                               BEFORE
                               THE HON'BLE MR. JUSTICE E.S. INDIRESH
                             WRIT PETITION NO.23259 OF 2023 (KLR-RES)
                      BETWEEN:

                      SRI. CHANDRAPPA
                      S/O DODDA ERAPPA
                      AGED ABOUT 78 YEARS,
                      R/AT PAPARAJANAHALLI VILLAGE,
                      KASABA HOBLI,
                      KOLAR TALUK - 563 101.
                                                                   ...PETITIONER
                      (BY SRI. HEGDE RAMAKRISHNA S., ADVOCATE)
                      AND:

                      1.    DEPUTY COMMISSIONER
                            KOLAR DISTRICT,
                            KOLAR - 563 101.

                      2.    ASSISTANT COMMISSIONER
                            KOLAR SUB-DIVISION,
Digitally signed by
                            KOLAR - 563 101.
ARUN KUMAR M S
Location: High
Court of Karnataka    3.    TAHASILDAR
                            KOLAR TALUK,
                            KOLAR - 563 101.

                      4.    SRI. ARUNESH BABU
                            S/O LATE MUNIYAPPA
                            AGE: MAJOR
                            R/O HOGARI VILLAGE,
                            KASABA HOBLI,
                            KOLAR TALUK - 563 101.

                      5.    SRI. VENKATARAMANAPPA
                            S/O LATE BALAPPA
                               -2-
                                            NC: 2023:KHC:38171
                                        WP NO.23259 OF 2023



    AGE: MAJOR,
    R/O EKAMBAHALLI VILLAGE,
    KASABA HOBLI,
    KOLAR TALUK - 563 101.
                                               ...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER DATED 22ND SEPTEMBER, 2023
PASSED BY THE RESPONDENT NO.1-DEPUTY COMMISSIONER,
KOLAR IN APPEAL NO.R.A.P.46/2023 VIDE ANNEXURE-A AND
ALSO ORDER PASSED BY THE RESPONDENT NO.2 DATED 01ST
JUNE, 2023 IN R.A. NO.600/2021 VIDE ANNEXURE-B; AND
ETC.

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

Sri. Mohammed Jaffar Shah, learned Additional

Government Advocate accepts notice for respondents 1 to 3.

2. In this writ petition, the petitioner is challenging the

order dated 22nd September, 2023 (Annexure-A) passed by the

respondent No.1 in appeal No.R.A.P.46/2023 and order dated

01st June, 2023 (Annexure-B) passed by the respondent No.2 in

R.A. No.600/2021.

3. Heard Sri. Hegde Ramakrishna S., learned counsel

appearing for the petitioner and Sri. Mohammed Jaffar Shah,

NC: 2023:KHC:38171 WP NO.23259 OF 2023

learned Additional Government Advocate appearing for

respondents 1 to 3.

4. Having heard the learned counsel appearing for the

parties, on careful examination of finding recorded by the

respondent No.1 in Appeal No.R.A.P No.46/2023 (Annexure-A)

would indicate that the land bearing Survey No.20 measuring

to an extent of 20.04 guntas is the subject matter in Original

Suit No.214 of 2016 on the file of the Civil Judge (Jr. Dn.),

Kolar. The plaint in the said suit is produced at Annexure-R. In

that view of the matter, taking into consideration the finding

recorded by the respondent No.1, as the disputed question of

facts are involved in this writ petition and outcome of the

judgment and decree to be passed in Original Suit No.214 of

2016, which is filed for the declaratory relief is to be

considered, I am of the view that, there is no infirmity in the

order dated 22nd September, 2023 (Annexure-A) passed by the

respondent No.1 in Appeal No.R.A.P.46/2023. Accordingly, writ

petition is dismissed.

SD/-

JUDGE ARK