Karnataka High Court
Smt Bhagyamma @ Sowbhagyamma vs The Deputy Commissioner And District on 16 June, 2025
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WP No. 13236 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 13236 OF 2022 (KLR-RES)
BETWEEN:
1. SMT BHAGYAMMA @ SOWBHAGYAMMA
D/O LATE SRI ADVIYAPPA, SINCE DECEASED BY HER
LRS SRI V S PRASANNA KUMAR, S/O LATE SRI
SAVANDAIAH, AGED ABOUT 42 YEARS,
R/AT DODDA VADAGERE VILLAGE MADHURE HOBLI,
DODDABALLAPUR TALUK 561203
2. SMT SIDDAGANGAMMA
D/O LATE SRI ADVIYAPPA, AGED ABOUT 69 YEARS,
R/AT DODDA VADAGERE VILLAGE MADHURE HOBLI,
DODDABALLAPUR TALUK 561203
3. SMT RENUKAMMA
D/O LATE SRI ADVIYAPPA, AGED ABOUT 57 YEARS,
R/AT DODDA VADAGERE VILLAGE MADHURE HOBLI,
Digitally signed by
SHARMA ANAND DODDABALLAPUR TALUK 561203
CHAYA
Location: HIGH
COURT OF
KARNATAKA ...PETITIONERS
(BY SRI. R B SADASIVAPPA, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER AND DISTRICT
MAGISTRATE
DISTRICT COMPLEX DEVANAHALLI, BEERASANDRA
VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562110.
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2. THE ASSISTANT COMMISSIONER
DODDABALLAPURA SUB DIVISION
DODDABALLAPURA 562110.
3. THE TAHASILDAR
DODDABALLAPURA TALUK
DODDABALLAPURA 562110.
4. SRI CHANDRASHEKARAIAH
S/O LATE SRI GANGAIAH
R/AT DODDA VADAGERE VILLAGE MADHURE HOBLI,
DODDABALLAPUR TALUK 561203
5. SRI PARAMASHIVAIAH
S/O LATE SRI GANGAIAH, R/AT DODDA VADAGERE
VILLAGE MADHURE HOBLI, DODDABALLAPUR TALUK
561203
6. SRI SHIVAKUMAR
S/O LATE SRI GANGAIAH, R/AT DODDA VADAGERE
VILLAGE MADHURE HOBLI,
DODDABALLAPUR TALUK 561203
...RESPONDENTS
(BY SRI MANJUNATH K., HCGP FOR R1 TO R3
SRI BRIJESH KALAPPA ,ADVOCATE FOR R4 TO R6)
THIS WP FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-QUASH THE
IMPUGNED ORDER DTD 14.06.2022 PASSED BY THE R1 IN
CASE NO.RP.NO.144/2021 VIDE ANNEXURE-A AND
CONSEQUENTLY REMANDED THE CASE FOR ADJUDICATION
OF THE MATTER BY THE R1 AFTER DUE SERVICE OF NOTICE
TO THE PETITIONERS HEREIN.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 13236 of 2022
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CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
In this petition, the petitioners are assailing the order dated
14.06.2022 (Annexure-A) passed by the respondent No.1 in
R.P.No.144/2021 wherein, the respondent No.1 directed the
petitioners to establish their rights before appropriate forum in
respect of the land in question.
2. Heard the learned counsel appearing for the
petitioners and also learned counsel appearing for the
respondents.
3. Sri R.B.Sadasivappa, learned counsel appearing for
the petitioners invited the attention of this Court to the order passed
by the revenue authorities, particularly with regard to the findings
recorded by the Trial Court in O.S.No.24/2005 particularly referring
to paragraph No.50, and submitted that the trial Court has made
observation with regard to the allotment of shares made as per
Ex.D3 in the said suit and further he contended that, the said suit
came to be dismissed by the Trial Court. However, the declaration
of the rights of the parties has to be considered only based on the
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allotment of shares as per Annexure-B. He further contended that,
the said suit filed by the petitioners has been confirmed in
R.A.No.9/2013 by the First Appellate Court, however, this Court, in
RSA No.1625/2015, dated 23.4.2021, reserved liberty to the
appellants/plaintiffs/petitioners herein to seek declaration of their
title in respect of the properties in question. Therefore, the
respondent No.1 has committed an error in directing the petitioners
herein to seek declaration of their title in respect of subject land in
question before appropriate forum, and therefore sought for
interference of this Court.
4. Per contra, Sri Brijesh Kalappa, learned counsel
appearing on behalf of the private respondents, invited the
attention of the Court to the observations made in paragraph 50 of
the Judgment in O.S.No.24/2005, in which, the trial Court
dismissed the suit on 18.01.2013, and submitted that the rights of
the parties have been crystallized by the Trial Court by dismissing
the suit filed by the petitioners herein, which came to be confirmed
by the First Appellate Court and that apart, the RSA No.1625/2015
came to be dismissed with an observation at paragraph No.3,
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wherein, liberty was reserved by this Court to the petitioners herein
to establish their rights over the title in respect of the properties and
therefore, no interference is called for in the impugned order at
(Annexure-A). Accordingly, sought for dismissal of the petition.
5. Sri Manjunath K., learned High Court Government
Pleader appearing for the respondents No.1 to 3, reiterated the
submission made by the learned counsel for the private
respondents.
6. Having taken note of the submissions made by the
learned counsel appearing for the parties, and on careful
examination of the findings recorded by the Trial Court in
O.S.No.24/2005, wherein the petitioners herein filed a suit seeking
relief of partition and separate possession in respect of their share
in the suit schedule properties which came to be dismissed by the
Trial Court and the same was confirmed by the First Appellate
Court in R.A.No.9/2013 by order dated 15.6.2015.
7. In this back drop of undisputed facts, I have taken note
of the observations made by this Court at paragraph No. 3 in RSA
No.1625/2015, dated 23.4.2021. In that view of the matter, since
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the petitioners herein have to establish their rights in respect of the
subject land, and that apart, the Civil Court and the First Appellate
Court has already confirmed the claim made by the petitioners
herein in respect of their shares in a suit filed for partition and
separate possession in respect of the said land, I am of the
considered view that, there is no infirmity in the impugned order
passed by the respondent No.1 at Annexure-A.
8. Accordingly, the writ petition stands dismissed as
devoid of merits.
SD/-
(E.S.INDIRESH)
JUDGE
HR
