- 1 - NC: 2025:KHC:4196 WP No. 2288 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.2288 OF 2025 (KLR-RES) BETWEEN: SRI. M.V. SESHAN S/O LATE M. VENKATARAMAIAH AGED ABOUT 72 YEARS, R/AT NO.36, 2ND MAIN, BINNY LAYOUT, CHANDRA LAYOUT, BENGALURU - 560 040. …PETITIONER (BY MS. HARISHITHA, ADVOCATE FOR SRI. VAMSHI KRISHNA C., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER MULABAGAL TALUK, KOLAR DISTRICT - 563 101. 2. THE TAHSILDAR MULABAGAL TALUK, KOLAR DISTRICT - 563 101. 3. SRI. HARSHA MURTHY S/O M.V.MURTHY, AGED ABOUT 45 YEARS, R/AT NO.83, 16TH CROSS, 14TH MAIN, 4TH SECTOR, HSR LAYOUT, BENGALURU - 560102. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4196 WP No. 2288 of 2025 4. SHRI. M. MURTHY S/O LATE M.VENATARAMAIAH AGED ABOUT 75 YEARS, R/AT FLAT NO.B2-1307, 1 13TH FLOOR, GOKULAM APARTMENT, KANAKPURA ROAD, BENGALURU - 562 117. 5. SRI. SOMA SHANKAR M. S/O LATE M.G.MUNIYAPPA, AGED ABOUT 51 YEARS, R/AT SOMESHWARA PALYA VILLAGE, NEAR SOMESHWARA PALYA TEMPLE, MULABAGAL TOWN, WARD NO.23, MULABAGAL TALUK, KOLAR DISTRICT - 563 131. 6. SRI. SYED TABRAZ PASHA S/O SYED MUNAVAR PASHA AGED ABOUT 37 YEARS, R/AT MULABAGAL TOWN, SHAMEER MOHALLA, MULABAGAL TALUK, KOLAR DISTRICT - 563 131. 7. SRI. RAHMATHULLAH SHARIEF S/O ATHAULLLA SHARIEF, AGED ABOUT 45 YEARS, R/AT MULABAGAL TOWN, NO. 2541, MC ROAD, KHALIF MOHALLA, NEAR BALE CHANGAPPA SCHOOL, MULABAGAL TALUK, KOLAR DISTRICT - 563 131. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 07.11.2024 PASSED BY - 3 - NC: 2025:KHC:4196 WP No. 2288 of 2025 THE RESPONDENT NO.1 UNDER SECTION 55 OF THE KARNATAKA LAND REVENUE ACT, 1964 IN R.A.NO. 827 OF 2024 VIDE ANNEXURE -A BY ISSUING A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER AS THIS HON'BLE MAY DEEM FIT, IN THE INTERESTS OF JUSTICE AND EQUITY; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned AGA is directed to accept notice for the respondent Nos.1 and 2. 2. The captioned petition is filed assailing the interim order granted by the respondent No.1/Assistant Commissioner while entertaining appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964. Petitioner contends that respondent No.3 having filed a comprehensive suit in O.S.No.124/2024 cannot maintain an appeal under Section 136(2) questioning the alienations made by the private respondents. - 4 - NC: 2025:KHC:4196 WP No. 2288 of 2025 3. Learned counsel appearing for the petitioner reiterating the grounds would point out that respondent No.1/Assistant Commissioner lacks jurisdiction to entertain the appeal in view of pendency of suit in O.S.No.124/2024. She would point out that the interim order granted by the respondent No.1/Assistant Commissioner clearly contravenes the principles of natural justice and therefore, the proceedings are liable to be stayed by this Court. She would also point out that the petitioner and her family members have alienated the property which is traced through registered release deed and therefore, the purchasers namely respondent Nos.5, 6 and 7 having acquired title under registered sale deed have clearly acquired requisite ingredients which mandates change of katha under Sections 128 and 129 of the Karnataka Land Revenue Act. 4. Upon careful consideration of the submissions made by the learned counsel on record, this Court finds that the ex-parte interim order granted by the Assistant - 5 - NC: 2025:KHC:4196 WP No. 2288 of 2025 Commissioner is limited in its operation only until the next date of hearing. When queried by the Court, the learned counsel for the petitioner candidly acknowledged that the matter is scheduled for hearing tomorrow. In such circumstances, the petitioner has an adequate opportunity to present all relevant documents and any applicable judicial precedents, including the judgment rendered by the Full Bench while answering a reference in the case of Smt. Jayamma and Others vs. The State of Karnataka Represented by its Secretary, Department of Revenue and Others1. It is, therefore, open to the petitioner to effectively argue the case before the appropriate forum instead of prematurely approaching this Court. 5. This Court also observes that instead of availing the alternative remedies available under law, the petitioner has chosen to directly invoke the extraordinary writ jurisdiction of this Court at an interlocutory stage. The 1 ILR 2020 Kar 1449 - 6 - NC: 2025:KHC:4196 WP No. 2288 of 2025 interim relief granted by the Assistant Commissioner is purely temporary in nature and does not cause any irreparable harm to the petitioner, as it is subject to review at the very next scheduled hearing. The petitioner retains the right to contest the order by placing on record all necessary documents and legal precedents before the concerned authority. In view of these circumstances, this Court is disinclined to interfere at this stage, particularly when the impugned order is neither final nor conclusive but merely an interim arrangement pending further proceedings. 6. Therefore, reserving liberty to the petitioner to raise all the grounds that are raised in the captioned petition and oppose the extension of interim order, the captioned petition stands disposed of. All contentions are kept open. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 53