The Commissioner vs the Assistant Commissioner

The Commissioner vs The Assistant Commissioner

Type Court Judgment Court Karnataka Orders Decided Feb 02, 2026

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https://sooperkanoon.com/case/1583516

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Citation: sooperkanoon.com/1583516
Court: Karnataka Orders High Court
Judge: S.R.Krishna Kumar
Decided On: Feb 02, 2026
Case Number: WP/39771/2025

Parties & Advocates

Appellant / Petitioner

The Commissioner

Respondent

The Assistant Commissioner

Excerpt

.....petitioner and the learned hcgp appearing for respondent no.1.2. in this petition, petitioner seeks the following reliefs:i) issue writ of certiorari by setting aside the entire proceedings initiated against the petitioner herein execution no.326/2025 pending on the file of i additional district and sessions judge, mysuru vide annexure-'d1', only in so far as the petitioner is concerned. ii) issue writ of mandamus directing the first respondent authority to release the compensation for the land acquired by them for the -3- benefit of the suttur gram panchayath in favour of the claimants. iii) pleased to pass any other order or direction this hon'ble court feels deem fit under these circumstances of the case in the interest of justice and equity.3. after arguing the matter for sometime, learnedcounsel for the petitioner-city municipal council, nanjangud seeks permission to withdraw the present petition with liberty to file objections before the executing court and contest the execution proceedings on merits and in accordance with law.4. submission is placed on record. petition standsdisposed of as withdrawn, reserving liberty in favour of the petitioner to urge all contentions including the contentions urged in the present petition before the executing court, which is hereby directed to consider the contentions, objections, defences, etc., putforth by the petitioner and proceed further and dispose of the execution proceedings, in accordance with law. -4-5. subject to the aforesaid directions and liberty reserved in favour of the petitioner, petition stands disposed of. sd/- (s.r.krishna kumar) judge dh list no.: 1 sl no.: 7

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 39771 OF 2025 (GM-CPC) BETWEEN: THE COMMISSIONER CITY MUNICIPAL COUNCIL, NANJANGUD TOWN, NANJANGUD, MYSURU DISTRICT 571 301. …PETITIONER (BY SRI. P MAHESHA.,ADVOCATE) AND:
1. THE ASSISTANT COMMISSIONER
SPECIAL LAND ACQUISITION OFFICER, MYSURU SUB-DIVISION, Digitally signed DISTRICT OFFICE BUILDING, by SHARADAVANI CHAMARAJAPURAM, B Location: High MYSURU 570 005 Court of Karnataka
2. SRI. MALIGANAIKA, S/O. LATE. MARINANJANAIKA, AGED ABOUT 66 YEARS, SUTTUR VILLAGE, BILIGER HOBLI, NANJANGUD TALUK - 571 129. …RESPONDENTS (BY SRI.NEELAKANTAPPA K. PUJAR,HCGP FOR R1) -2- THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED PROCEEDING INITIATED ONLY AGAINST THE PETITIONER IN LAC NO.4/2018 AND EXECUTION NO. 326/2025 ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, MYSURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for Respondent No.1.

2. In this petition, petitioner seeks the following reliefs:

i) Issue writ of certiorari by setting aside the entire proceedings initiated against the petitioner herein Execution No.326/2025 pending on the file of I Additional District and Sessions Judge, Mysuru vide Annexure-'D1', only in so far as the petitioner is concerned. ii) Issue writ of mandamus directing the first respondent authority to release the compensation for the land acquired by them for the -3- benefit of the Suttur Gram Panchayath in favour of the claimants. iii) Pleased to pass any other order or direction this Hon'ble Court feels deem fit under these circumstances of the case in the interest of justice and equity.

3. After arguing the matter for sometime, learned

counsel for the petitioner-City Municipal Council, Nanjangud seeks permission to withdraw the present petition with liberty to file objections before the Executing Court and contest the execution proceedings on merits and in accordance with law.

4. Submission is placed on record. Petition stands

disposed of as withdrawn, reserving liberty in favour of the petitioner to urge all contentions including the contentions urged in the present petition before the Executing Court, which is hereby directed to consider the contentions, objections, defences, etc., putforth by the petitioner and proceed further and dispose of the execution proceedings, in accordance with law. -4-

5. Subject to the aforesaid directions and liberty reserved in favour of the petitioner, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH List No.: 1 Sl No.: 7

Same Court & Year Karnataka Orders · 2026 Same Parties The Commissioner vs The Assistant Commissioner Same Judge S.R.Krishna Kumar