Karnataka High Court
Sri B Kunhanna Naik v. The Deputy Commissioner
2026:KHC:41538 · WP/23880/2026
- Decision date
- 2026-08-06
- Text availability
- Full text
- Judges
- E. S. Indiresh
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
- 1 - HC-KAR NC: 2026:KHC:41538 WP No. 23880 of 2026 CNR: KAHC010526672026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 23880 OF 2026 (KLR-RES) BETWEEN: SRI. B. KUNHANNA NAIK, AGED ABOUT 81 YEARS, S/O. LATE VENKAPPA NAIK, RESIDING AT NO.3, 37TH MAIN, 2ND CROSS, BTM 2ND STAGE, BENGALURU - 560 068. …PETITIONER (BY SRI. K. CHANDRANATH ARIGA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, UDUPI DISTRICT, RAJATHADRI, Digitally signed by MANIPAL, UDUPI - 576 101. CHAYA S A Location: HIGH COURT OF 2. THE ASSISTANT COMMISSIONER, KARNATAKA KUNDAPURA - 576 201, UDUPI DISTRICT. 3. THE TAHASHILDAR, KARKALA TALUK, KARKALA - 574 104. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP) - 2 - HC-KAR NC: 2026:KHC:41538 WP No. 23880 of 2026 CNR: KAHC010526672026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS IN NO.RAP/136/(3) ON THE FILE OF RESPONDENT NO.1 AND IN NO. RA 1167/2024 ON THE FILE OF RESPONDENT NO.2; B) QUASH THE ORDER DATED 27.10.2025 PASSED BY THE RESPONDENT NO.1 IN NO.RAP/55/2025(ANNX-E) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned HCGP accepts notice for the respondents.
2. In this petition, the petitioner is assailing the Order dated 27.10.2025 in RAP/55/2025 (Annexure-E) passed by respondent No.1, Order dated 19.03.2025 in RA 1167/2024 (Annexure D) passed by respondent No.2 and endorsement dated 18.07.2024 issued by respondent No.3 (Annexure-C). 3. Heard Sri. K.Chandrakanth Ariga, learned counsel appearing for the petitioner and Sri.Spoorthy Hegde N., learned HCGP for respondents. - 3 - HC-KAR NC: 2026:KHC:41538 WP No. 23880 of 2026 CNR: KAHC010526672026 4. Having heard the learned counsel appearing for the parties and on careful consideration of the impugned orders, it would indicate that petitioner is claiming right over the property based on the judgment and decree dated 10.04.2024 in OS No.108/2023 on the file of the Senior Civil Judge and ACJM, Karkala, Udupi. 5. In that view of the matter, as the petitioner is claiming right over the property based on the judgment and decree passed by the Trial Court in OS No.108/2023, the finding recorded by the respondent-authorities are erroneous, which requires to be set aside in this petition. In that view of the matter, I pass the following; ORDER (i) Writ petition is allowed. (ii) Order dated 27.10.2025 (Annexure-E) passed by respondent No.1, Order dated 19.03.2025 (Annexure-D) passed by respondent No.2 and endorsement dated 18.07.2024 issued by respondent No.3 are hereby set aside. - 4 - HC-KAR NC: 2026:KHC:41538 WP No. 23880 of 2026 CNR: KAHC010526672026
(iii) Respondent No.3 is directed to enter the name of the petitioner in the revenue records in terms of the judgment and decree in OS No.108/2023 (Annexure B) within a period of two months from the date of receipt of copy of this order. SD/- (E.S.INDIRESH) JUDGE BH List No.: 1 Sl No.: 30