Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:3124 WP No. 1663 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1663 OF 2025 (KLR-RES) BETWEEN:
1. SHANKAR AGED ABOUT 40 YEARS, S/O LATE ASHWATHAMMA
2. SARASWATHAMMA, AGED ABOUT 66 YEARS, D/O LATE CHINTAPPA
3. SAKAMMA AGED ABOUT 64 YEARS D/O LATE CHINTAPPA
4. MUNIYAMMA AGED ABOUT 68 YEARS, D/O LATE CHINTAPPA
ALL ARE R/OF KAMMASANDRA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU URBAN DSITRICT-560049 …PETITIONERS (BY SRI. CHANDRASHEKARA REDDY M V., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIKASA SOUDHA, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
- 2 -
NC: 2025:KHC:3124 WP No. 1663 of 2025
DR. AMBEDKAR VEEDHI, BANGALORE-560001 REPRESENTED BY THE PRINCIPAL SECRETARY
2.
THE DEPUTY DIRECTOR OF LAND RECORDS AND DEPUTY COMMISSIONER TO THE TECHNICAL ASST. TO. THE DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT, BENGALURU URBAN DISTRICT KANDAYA BHAVAN, K.G.ROAD. BENGALURU-560009
3.
THE ASSISTANT DIRECTOR OF LAND RECORDS BENGALURU EAST TALUK, K .R. PURAM, BENGALURU-560036
4.
THE TAHASILDAR BENGALURU EAST TALUK, K.R. PURAM BENGALURU-560036
5. MUNIRAJAPPA AGED ABOUT 50 YEARS, S/O CHANNAPPA @ CHANNABASAPPA
6.
S. PARVATHAMMA, D/O LATE CHINTAPPA, AGED ABOUT 58 YEARS
7. GOWRAMMA AGED ABOUT 60 YEARS , D/O MUNIRAMAIAH
8. B.C.SHARADAMMA, AGED ABOUT 50 YEARS W/O SHRI GANESHAPPA, R/AT KAMMASANDRA VILLAGE BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU URBAN DISTRICT-560049 …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4)
- 3 -
NC: 2025:KHC:3124 WP No. 1663 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS ON THE FILE OF THE R-2 IN APPEAL NO.
243/2023-24 AND ON PERUSAL ISSUE A WRIT OR ORDER BY GRANTING THE FOLLOWING RELIEFS AND QUASH THE ORDER DTD. 03.12.2024 PASSED BY THE R-2 IN APPEAL NO.
243/2023-24 BY HOLDING THE SAME AS ILLEGAL AND OPPOSED TO LAW AS PER ANNX-A.
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
The order under challenge is passed by the Deputy Director of Land Reforms under Section 49(A) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as KLR Act for short) which is appealable under Section 50 of the KLR Act, before the Karnataka Appellate Tribunal. Without exhausting the remedy of an appeal, petitioners have knocked the doors of this Court under Article 227 of the Constitution of India, which is revival.
2. Therefore, this Court is of the view that the petitioners have to exhaust the efficacious remedy available to them by way of an appeal. No indulgence is
- 4 -
NC: 2025:KHC:3124 WP No. 1663 of 2025
warranted. Hence, this Court proceeds to pass the following:
ORDER (i) Writ petition stands disposed of, reserving liberty to approach the appropriate tribunal to assail the order under challenge. (ii) If the appeal is filed within four weeks, the time spent before this Court shall be excluded by extending benefit under Section 14 of Limitation Act. (iii) Registry to forthwith return all the certified copies after securing photocopy.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
BVK List No.: 1 Sl No.: 11