Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2165 WP No. 1070 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.1070 OF 2025 (KLR-RES) BETWEEN:
1.
SMT. H. N. VENKATALAKSHMI W/O LATE H.V. VENATARAMU, AGED ABOUT 86 YEARS, R/AT HOSAHOLLALU VILLAGE, KASABA HOBLI, K.R.PETE TALUK, MANDYA DISTRICT - 571 426.
2.
SMT. H.V. KANYA KUMARI, W/O B.K.RANGASWAMISHETTY, AGED ABOUT 66 YEARS, R/AT NO.116, 5TH MAIN, 10TH CROSS, JANAJYOTHI NAGAR, ULLAL MAIN ROAD, BENGALURU - 560 056.
3. SMT.H.V.YAMUNA W/O H.P.DEVARAJU, AGED ABOUT 62 YEARS, R/AT NO.1334, 25TH MAIN ROAD, PARANGIPALYA, HSR LAYOUT, 2ND STAGE, BENGALURU - 560 012.
4.
H.V. VASUNDARA W/O M.H. NAGESH, AGED ABOUT 56 YEARS, R/AT NO.7608, 2ND PHASE, RAJU CORNOR, BASAVANAHALLI, VIJAYANAGAR 4TH STAGE, MYSURU - 570 017.
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:2165 WP No. 1070 of 2025
5.
SRI. H.V. BADRINATH S/O LATE H.V. VENKATARAMU, AGED ABOUT 59 YEARS, R/AT FRONT OF JAIN TEMPLE, BARODA BANK ROAD, HOSAHOLLALU VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426.
6.
SRI. H.R.VISHWANATH, S/O LATE H.V. RANGASWAMY SHETTY, AGED ABOUT 64 YEARS, R/AT FRONT OF JAIN TEMPLE, BARODA BANK ROAD, HOSAHOLLALU VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426. …PETITIONERS (BY SRI. K V NARASIMHAN, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS P RINCIPAL SECRETARY, REVENUE DEPARTMENT, MS BUILDING, BENGALURU - 560 001.
2.
DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA - 571 401.
3.
ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION, MANDYA DISTRICT - 571 401.
4.
THE TAHSILDAR, SALIGRAM TALUK, SALIGRAMA, MYSURU DISTRICT - 571 604.
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NC: 2025:KHC:2165 WP No. 1070 of 2025
…RESPONDENTS (BY SRI. MANJUNATH K., HCGP )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT, DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE APPLICATION AT ANNEXURE -J DATED 18.10.2024 AND TO GIVE EFFECT TO THE ORDER AT ANNEXURE -A DATED 16.01.2004 IN RP NO. 06/2001 WITHIN A TIME FRAME.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER Learned HCGP is
directed to take notice to respondents.
2. The captioned petition is filed seeking a mandamus against respondent No.4/Tahsildar to consider petitioners' application at Annexure-J and give effect to the order passed by the Deputy Commissioner at Annexure-A dated 16.1.2004 in R.P.No.06/2001.
3. Learned HCGP has brought to the notice of this Court that there are subsequent proceedings and petitioners' revision in R.P.No.22/2021 assailing the order of Assistant Commissioner passed in R.Mis(K)10/17-18
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NC: 2025:KHC:2165 WP No. 1070 of 2025
dated 6.7.2018 is dismissed and the petitioners are relegated to approach the civil Court, which is evidenced at Annexure-H.
4. The petitioners, having suffered an adverse
order at the hands of the Deputy Commissioner, as reflected in Annexure-H, cannot now seek to derive any benefit or rely on the earlier order dated 16.01.2004, evidenced at Annexure-A. It is pertinent to note that the directions issued by the Deputy Commissioner in the order at Annexure-A have been rendered redundant and without significance in light of the subsequent and prevailing order dated 11.06.2024, as evidenced at Annexure-H. The order at Annexure-H supersedes the earlier directions, effectively nullifying any reliance on Annexure-A for the relief sought by the petitioners in this matter.
5. In view of the foregoing, the petition is
disposed of, granting liberty to the petitioners to challenge the order dated 11.06.2024, passed by the Deputy Commissioner, as reflected in Annexure-H, through
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NC: 2025:KHC:2165 WP No. 1070 of 2025
appropriate proceedings in accordance with the law. This disposal does not preclude the petitioners from pursuing any remedies available to them under the applicable legal framework to assail the order at Annexure-H, should they so desire.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 1 Sl No.: 38