Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10742 WP No. 7171 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 7171 OF 2025 (KLR-RES) BETWEEN:
1. T THIMMAIAH S/O JUNJAIAH, SINCE DEAD BY HIS LRS
PARVATHAMMA W/OKIRSHNAMURTHY AGED ABOUT 69 YEARS,
2. SHARADAMMA W/O KADUSRAIAH AGED ABOUT 64 YEARS R/O MARASHETTIHALLI GUBBI TLAUK TUMKUR ZILLA-572227
3. KRISHNAMURTHY S/O T THIMMAIAH AGED ABOUT 40 YEARS
4. SHIVARAJU S/O T THIMMAIAH AGED ABOUT 40 YEARS
5. YOGEESHWARA S/O T THIMMAIAH AGED ABOUT 37 YEARS
6. KIRAN S/O KHYATAHAIAH AGED ABOUT 43 YEARS
7. T. UMESH
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:10742 WP No. 7171 of 2025
S/O THIMMAIAH,
AGED ABOUT 65 YEARS,
P-1, 3-7 ARE R/AT MACHENAHALLI,
TURUVEKERE TALUK,
TUMUKUR-572227. …PETITIONERS (BY SRI. K.N.PHANINDRA SENIOR., ADVOCATE FOR SRI. ARNAV A BAGALWADI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPREENTED BY ITS CHIEF SECRETARY DEPARTMENT OF REVENUE M S BUILDING, BENGALURU 560 001. 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR-572101. 3. THE ASSISTANT COMMISSIONER TIPTURU DISTRICT, TUMKUR-572201. 4. THE TAHASILDHAR CHIKKANAYAKANAHALLI TALUK TUMKURU-572214. 5. H.K.BASAVARAJU, S/O KARIBASAVAIAH, AGED MAJOR, GUBBI TALUK
6. BASAVARAJU, S/O LATE KEMPAIAH, AGED AMJOR
7. SANNAKATAIAH, S/O LATE KEMPAIAH, AGED MAJOR
8. NAGARAJU.S S/O LATE KEMPAYYA
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NC: 2025:KHC:10742 WP No. 7171 of 2025
AGED MAJOR. 9. MAHALINGAIAH, S/O LATE KEMPAIAH, AGED MAJOR
10. SHIVALINGAIAH, S/O LATE KEMPAIAH, AGED MAJOR
11. RAMAIAH, S/O LATE KEMPAIAH, AGED MAJOR
12. SHIVAIAH, S/O LATE KEMPAIAH, AGED MAJOR
13. KEMPAIAH, S/O LATE KEMPAIAH, AGED MAJOR,
R-5 TO R-13 ARE R/AT DODDARAAMPUR GOLLARAHATTI GRAMA KANDEKERE HOBLI, CHIKKANAAYAKANAHALLI TALUK, TUMAKURU DISTRICT-572214. 14. PRASANNA, S/O LATE KYATHAIAH, AGED MAJOR
15. LOOLAKSHYAMMA, S/O LATE KYATHAIAH, AGED MAJOR,
16. KRISHNAMURTY S/O LATE KYATHAIAH, AGED MAJOR,
17. RAJANNA, S/O LATE KYATHAIAH,
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NC: 2025:KHC:10742 WP No. 7171 of 2025
AGED MAJOR
18. BHAGYAMMA, W/O LATE KADURAIAH, AGED ABOUT 52 YEARS,
19. MURALI.D.K, S/O LATE KADURAIAH, AGED MAJOR,
R-18-19 ARE R/AT DODDARAAMPURA GOLLARAHATTI GRAMA, KANDEKERE HOBLI, CHIKKANAAYAKANAHALLI TALUK, TUMAKURU DISTRICT-572214. 20. SUMU, S/O LATE KUDURAIAH, AGED MAJOR
21. MANGAL, S/O LATE KUDURAIAH, AGED MAJOR,
R-20-21 R/AT THIMMANAHALLI KAANT DEEVARAHATTI, KANDEKERE HOBLI, CHIKKANAAYAKANAHALLI TALUK, TUMAKURU DISTRICT-572214. …RESPONDENTS (BY SRI.
V.SHIVA REDDY, AGA FOR R-1 TO R-4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DATED 5.02.2025 PASSED BY THE 3RD RESPONDENT IN R.A NO.566/2023 PRODUCED AT ANNEXURE-A,ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
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NC: 2025:KHC:10742 WP No. 7171 of 2025
ORAL ORDER
1. The petition is filed challenging an order passed under Section 136(2) of the Karnataka Land Revenue Act (Act).
2. As against the said
order of the Assistant Commissioner, a Revision is provided under Section 136(3) of the Act.
3. In my view, therefore, it would be appropriate to direct the petitioners to avail the remedy of Revision provided under Section 136(3) of the Act.
4. Learned Senior Counsel for the petitioners submits that on the basis of the order of the Assistant Commissioner, attempts are being made to interfere with the possession of the petitioners. He also highlights the fact that the petitioners are protected by a decree of injunction, which has also been confirmed by the Appellate Court.
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NC: 2025:KHC:10742 WP No. 7171 of 2025
5. In the light of the above, it is needless to state that if there is a decree in favour of the petitioners, obviously the said decree would have to be complied with.
6. This Writ Petition is dismissed granting liberty to the petitioner to file Revision.
7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
hnm List No.: 1 Sl No.: 32