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2025 DAILYLAW 16419 (KAR)

SRI VENKATESH v. STATE OF KARNATAKA

WP/3693/2023 · 2025-07-03

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23943 WP No. 3693 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 3693 OF 2023 (KLR-RES) BETWEEN: 1. SRI. VENKATESH S/O JAVAREGOWDA AGED 45 YEARS, KALLIKOPPALU VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573211. …PETITIONER (BY SRI. K.N. NITISH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA BENGALURU-560001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT KARNATAKA-573201. 3. TAHSILDAR HOLENARASIPURA TALUK HASSAN DISTRICT KARNATAKA-573211. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA .,ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23943 WP No. 3693 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT AT ANNEXURE-S DATED 30/01/2023 ISSUED BY THE RESPONDENT NO.3 BEARING NO. RRT 169/2022-23.I.A.1/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Sri K.N. Nitish, learned counsel appearing for the petitioner and Smt. Savitramma, learned Additional Government Advocate appearing for the respondent- State. 2. In this writ petition, the petitioner herein is assailing the Endorsement dated 30.01.2023 issued by respondent No.3-Thasildar, wherein, the authority has directed the petitioner herein to file an appeal as the said authority has no jurisdiction to make necessary correction in the revenue records pertaining to 'Sarkari Bilu'. - 3 - HC-KAR NC: 2025:KHC:23943 WP No. 3693 of 2023 3. Sri. K.N. Nitish learned counsel for the petitioner invited the attention of this court to Section 163 of Karnataka Land Revenue Act, 1964 and submitted that the respondent No.3 is the competent authority to take decision in the matter. 4. Per contra, Smt. Savitramma, learned Additional Government Advocate appearing for the respondent-State submitted that a circular has been made by the State Government with regard to the same and accordingly, sought for dismissal of the writ petition. 5. Taking into consideration the submission made by the learned counsel appearing for the parties, and on careful examination of the language employed under Section 163 of the Karnataka Land Revenue Act, 1964 makes it clear that, the respondent No.3 is a competent authority to take decision in - 4 - HC-KAR NC: 2025:KHC:23943 WP No. 3693 of 2023 respect of the holding the land in question wherein the land has been considered as 'Sakarai Bilu' on account of non payment land revenue. In that view of the matter, I find force in the submission made by the learned counsel for the petitioner. Accordingly, impugned order dated 30.01.2023 (Annexure-S) passed by the respondent No.3 is hereby set aside and the matter is remitted to respondent No.3 to consider the case of petitioner in accordance with law within an outer limit of two months from the date of receipt of certified copy of this order. Accordingly, the writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 15