Karnataka High Court
Sri. Sannasunkappa vs The State Of Karnataka on 3 June, 2025
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WP No. 554 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 554 OF 2015 (KLR-RES)
BETWEEN:
SRI. SANNASUNKAPPA,
S/O. SANNARAMAPPA,
SINCE DECEASED BY HIS LRS,
1. SRI. SHEKARAPPA,
S/O. SANNASUNKAPPA,
AGED ABOUT 35 YEARS, OCC. AGRICULTURE,
TQ. CHANNAGIRI, DIST. DAVANAGERE.
2. SRI. NAGARAJ,
S/O. SANNASUNKAPPA,
AGED ABOUT 34 YEARS,
OCC: AGRICULTURE,
R/O SBR COLONY, SANTEBENNUR,
Digitally signed by
SHARMA ANAND TQ: CHANNAGIRI, DIST: DAVANAGERE.
CHAYA
Location: HIGH ...PETITIONERS
COURT OF
KARNATAKA
(BY SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO REVENUE DEPARTMENT,
VIDHANA VEEDHI, BANGALORE - 1.
2. THE DEPUTY COMMISSIONER,
DAVANAGERE, DIST: DAVANAGERE.
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3. THE ASSISTANT COMMISSIONER
DAVANAGERE, DIST: DAVANAGERE.
4. THE TAHASILDAR
CHANNAGIRI, TQ: CHANNAGIRI,
DIST: DAVANAGERE.
5. THE DEPUTY TAHASILDAR,
CHANNAGIRI, TQ: CHANNAGIRI,
DIST: DAVANAGERE.
6. SRI. RAJAPPA
S/O LATE KENCHAPPA,
AGED ABOUT 55 YEARS,
OCC: BUSINESS,
R/O UPPAR BEEDHI,
SANTEBENNUR VILLAGE,
TQ: CHANNAGIRI,
DIST: DAVANAGERE.
7. SMT. NAGAMMA
S/O LATE DODDASUNKAPPA @ GUNDAPPA,
AGED ABOUT 70 YEARS,
OCC: HOUSE HOLD WORK,
R/O SBR COLONY, SANTEBENNUR VILLAGE,
TQ: CHANNAGIRI, DIST: DAVANAGERE.
8. SRI. JAYAPPA,
S/O LATE DODDASUNKAPPA @ GUNDAPPA,
AGED ABOUT 50 YEARS, OCC: BUSINESS,
R/O SBR COLONY, SANTEBENNUR VILLAGE,
TQ: CHANNAGIRI, DIST: DAVANAGERE.
...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP FOR R1 TO R5;
SRI. GURURAJ R, ADVOCATE FOR R6;
R7 AND R8 SERVED AND UNREPRESENTED)
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WP No. 554 of 2015
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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS IN RESPECT OF THE IMPUGNED ORDER DATED
28.11.2014 BEARING NO.R.A./CR-34/2012-13 ON THE FILE OF
THE DEPUTY COMMISSIONER, DAVANAGERE VIDE ANNEX-C
AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the parties.
2. In this writ petition, petitioners are assailing the
order dated 28.11.2014 (Annexure-C) passed by
respondent No.2, confirming the order passed by
respondent No.3 in RA/CR-80/2012-13 dated 03.12.2012.
3. Sri. G.I.Gachchinamath, learned counsel
appearing for the petitioners contended that the
petitioners herein are the children of one
Sri.Sannasunkappa (Respondent No.1) in RA/CR-34/2012-
13 and the suit schedule property is the joint family
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property of father of the petitioners. It is further
contended that, one of the brothers of their father
Sri.Sannasunkappa has sold the portion of land in question
in favour of respondent No.6 and accordingly, it is
contended by the learned counsel appearing for the
petitioners that, the impugned order passed by respondent
Nos.2 and 3, requires consideration in this writ petition.
4. Per contra, Sri. Gururaj.R, learned counsel
appearing for respondent No.6, invited the attention of the
Court to the finding recorded by respondent Nos.2 and 3
and contended that the legal representatives of the
Sri.Sannasunkappa (petitioners herein) have filed
OS.No.223/2011 on the file of Principal Civil Judge and
J.M.F.C at Channagiri, seeking declaration in respect of the
suit schedule property and the said suit came to be
dismissed by judgment and decree dated 27.09.2022 and
in view of the same, the writ petition deserves to be
dismissed.
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5. Sri. Manjunath.K, learned High Court
Government Pleader appearing for the State sought to
justify the impugned order.
6. In the light of the submission made by the
learned counsel appearing for the parties, the land bearing
Sy.No.46/3 measuring 4 acres 20 guntas of Doddabbigere
Village, Santhebennur Hobli, Channagiri Taluk, belongs to
one Kenchappa S/o.Giriappa as per the registered sale
deed dated 25.03.1968. It is also forthcoming from the
finding recorded by respondent No.2 that the petitioners
herein have filed OS.No.223/2011 seeking relief of
declaration that the plaintiffs therein have half share in the
suit schedule properties and also challenged the sale deed
dated 25.03.1968 executed by defendant No.2 therein.
7. In that view of the matter, considering the
finding recorded by respondent-authorities as the
impugned order has been passed by the respondent-
authorities, taking into consideration the judgment and
decree in OS.No.223/2011, I am of the view that, no
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interference is called for in this writ petition under article
227 of the Constitution of India.
Accordingly, writ petition is dismissed.
SD/-
(E.S.INDIRESH)
JUDGE
PK
CT: BHK
