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2025 DAILYLAW 15406 (KAR)

SRI.PUTTASWAMAIAH v. THE STATE OF KARNATAKA

WP/41546/2015 · 2025-03-26

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:12897 WP No. 41546 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 41546 OF 2015 (KLR-RR/SUR) BETWEEN: 1. SRI.PUTTASWAMAIAH SINCE DEAD BY LRs., 1(a) SMT. VEENA, AGED 40 YEARS, W/O SRI NAGARAJ, CHIKKOLE, SAGARE POST, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT-571 121. 1(b) SRI. VENKATESH., AGED ABOUT 38 YEARS, S/O LATE PUTTASWAMAIAH, R/AT YELAGATHAVALLI VILLAGE, ARAKALAGUD TALUK, DODDAMOGGE HOBLI, HASSAN DISTRICT-573 102. 1(c) SRI. RAGHUNATHA., AGED 36 YEARS, S/O LATE PUTTASWAMAIAH, R/AT YELAGATHAVALLI VILLAGE, ARAKALAGUD TALUK DODDAMOGGE HOBLI, HASSAN DISTRICT-573102. (CAUSE TITLE AMENDED AS PER ORDER DATED 15.07.2019) …PETITIONERS (BY SRI. PUNDIKAI ISHWARA BHAT., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12897 WP No. 41546 of 2015 DEPARTMENT OF REVENUE M S BUILDING BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573201. 3. THE ASSISTANT COMMISSIONER SAKLESHPURA SUB - DIVISION SAKALESHPUR HASSAN DISTRICT - 573134 4. THE TAHSILDAR ARAKALGUD TALUK ARAKALGUD HASSAN DISTRICT - 573102 5. SRI Y K KRISHNEGOWDA MAJOR S/O KRISHNEGOWGA 6. SRI Y H KRISHNEGOWDA MAJOR S/O HUCHECHEGOWDA 7. SRI PATEL THIMMEGOWDA MAJOR S/O HUCHECHEGOWDA 8. SRI MALLESHA SHETTY MAJOR S/O HIMMASHETTY 9. SRI Y T GANESHA MAJOR S/O THIMMEGOWDA 10. SRI Y P NANJUNDA MAJOR S/O PUTTEGOWDA 11. SRI KRISHNEGOWDA MAJOR - 3 - NC: 2025:KHC:12897 WP No. 41546 of 2015 S/O CHANNAVEEREGOWDA 12. SRI VENKATESHACHARI MAJOR S/O DASACHARI 13. SRI ISHWARACHARI MAJOR S/O PAPACHARI 14. SRI RAJEGOWDA MAJOR S/O HUCHCHEGOWDA 15. SRI HUCHCHEGOWDA MAJOR S/O LAKKEGOWDA 16. SRI PRAKASHBOVI MAJOR S/O HANUMABHOVI 17. SRI Y C KRISHNEGOWDA MAJOR S/O CHANNEGOWDA 18. SRI CHANNEGOWDA MAJOR MAJOR S/O CHANNAVEERAGOWDA 19. SRI D S MOHAN MAJOR S/O D S SIDDAPPA 20. SRI Y A ANNAIAH MAJOR S/O ANNAJEGOWDA 21. SRI DRIVER NAGARAJU MAJOR S/O CHANNAVEEREGOWDA - 4 - NC: 2025:KHC:12897 WP No. 41546 of 2015 22. SRI SATHYANARAYANA MAJOR S/O KRISHNEGOWDA 23. SRI KRISHNEGOWDA MAJOR S/O SIDEEGOWDA 24. SRI NEELACHARI MAJOR S/O DASACHARI R-5 TO R-24 ARE R/AT YELAGATHAVALLI VILLAGE DODDAMOGGE HOBLI, ARAKALGUDU TALUK HASSAN DISTRICT - 573102 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-4; SRI. V.R.PRASANNA., ADVOCATE FOR R-5, R-6, R-8 TO R-15, R-17, R-19, TO R-23; R-7, R-16, R-18 & R-24 ARE SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, FILED PRAYING TOQUASH THE ORDER DTD16.9.2015 PASSED BY THE DEPUTY COMMISSIONER / R-2 HASSAN IN REVISION NO.R.P/15/2015- 16 AS PER ANNEXUREA, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 5 - NC: 2025:KHC:12897 WP No. 41546 of 2015 ORAL ORDER 1. This writ petition is filed challenging the order of rejection of an interim order by the Deputy Commissioner. 2. A challenge was laid to an order of mutation before the Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act, 1964. The said appeal was allowed and the matter was remanded to the Tahasildar for fresh consideration. 3. Being aggrieved by this order, a revision was filed and an interim order was sought. However, the prayer for grant of an interim order has been rejected and as a consequence, the petitioners are before this Court. 4. It may be pertinent to state here that this Court while entertaining this writ petition granted an interim order of stay of the order of the Assistant Commissioner on 18.01.2016 and this order has been in force for the past nine years. - 6 - NC: 2025:KHC:12897 WP No. 41546 of 2015 5. The learned counsel appearing for the respondents submitted that by virtue of the interim order granted by this Court, the revision petition has been closed and has not been taken up for consideration. 6. Having regard to the fact that the order of the Assistant Commissioner has remained stayed by this Court for the past nine years, in my view, it would be appropriate to dispose of this writ petition by directing the Deputy Commissioner to take up Revision Petition No.15/2015-16, which was pending before him and pass appropriate order on merits. 7. The interim order granted by this Court staying the order of the Assistant Commissioner shall enure till the disposal of the matter by the Deputy Commissioner. 8. Since all the parties are represented by their counsels before this Court, they are directed to - 7 - NC: 2025:KHC:12897 WP No. 41546 of 2015 appear before the Deputy Commissioner on 28.04.2025 without expecting any further notice. 9. Having regard to the fact that the matter is of the year 2015, the Deputy Commissioner is directed to dispose of the revision petition within a period of three months from 28.04.2025. 10. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 38