Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15634 WP No. 6643 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6643 OF 2023 (KLR-RES) BETWEEN:
SMT. LALITHAMBA W/O SRI. LATE LINGARAJU , AGED ABOUT 71 YEARS, R/O HANJALIGE VILLAGE, BHARATHURU POST, KENCHAMMANA HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 201. …PETITIONER (BY SRI. SUMANTH L. BHARADWAJ, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY , REVENUE DEPARTMENT, M.S. BUILDING AMBEDKAR VEEDHI , BANGALORE - 560 001. 2. THE SPECIAL DEPUTY COMMISSIONER AND ADDITIONAL DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201. 3. THE ASSISTANT COMMISSIONER, ALUR TALUK, HASSAN - 573 201. 4. THE THASHILDHAR ALUR TALUK, ALUR - 573 134. Digitally signed by VIJAYALAKSHMI B N Location: High Court of Karnataka
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NC: 2025:KHC:15634 WP No. 6643 of 2023
5. THE LAND TRIBUNAL, ALUR TALUK, REPRESENTED BY ITS CHAIRMAN, ALUR - 573 134. 6. SMT. B.R. CHITAMANI, D/O SRI LATE RANGAIYENGAR, MAJOR,
7. SRI. B.R. RADHAKRISHNA, S/O SRI. LATE RANGAIYENGAR, MAJOR,
8. SRI. B.R. HARI, S/O SRI. LATE RANGAIYENGAR, MAJOR,
9. SMT. B.R. BHARGHAVI, D/O SRI LATE RANGAIYENGAR, MAJOR, RESPONDENTS NO. 5 TO 9 ARE THE R/O NO. 30/1, OLD NO. 19, 1ST A CROSS, 1ST A MAIN, HRUSHIKESHNAGAR, BANASHANKARI 3RD STAGE, HOSAKEREHALLI, BENGALURU - 560 070. 10. SRI. SADASHIVAPPA S/O SRI. LATE KOMAREGOWDA, MAJOR, R/O HANJALAGI VILLAGE, K. HOSAKOTE HOBLI, BARATHUR POST, ALUR TALUK, HASSAN DISTRICT - 573 201. 11. SMT. CHANNAMMA, D/O SRI. LATE B. KOMAREGOWDA,
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NC: 2025:KHC:15634 WP No. 6643 of 2023 MAJOR, R/O TATEEKERE VILLAGE, KUNDURU HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 201. 12. SRI. MOHANARAJU, S/O SRI LATE KOMAREGOWDA, MAJOR, R/O MOODARAHALLI POST, KODLIPETE HOBLI, SOMAVARAPETE TALUK, KODAGU DISTRICT - 571 236. 13. SMT. MANJULAMMA W/O SRI. MOOGAPPA GOWDA, MAJOR, R/O DONAHALLI, HANUBALU POST, SAKALESHPURA TALUK, HASSAN DISTRICT -573 134. 14. SRI. PUSHPANANDA, S/O SRI. LATE CHANDRASHEKAR, MAJOR, R/O HANJALIGE VILLAGE, BHARATHURU POST, KENCHAMMANA HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 201. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R5;
SRI. D.T. NAJESHGOWDA, ADVOCATE FOR R6 TO R9; SRI.
OMKAR BASAVA PRABHU, ADVOCATE FOR R10 TO R14)
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NC: 2025:KHC:15634 WP No. 6643 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 02/11/2022 THAT PASSED BY THE R-2 HEREIN IN R.P.NO. 14/2020-21 A COPY OF WHICH IS HEREWITH SUBMITTED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER The Land Tribunal had confirmed the grant in favour of the petitioner and this was confirmed by this Court both by the learned Single Judge as well as by the Division Bench. On the basis of the order of the Land Tribunal, the revenue entry was mutated in favour of the husband of the petitioner and on his death, the name of the petitioner has been entered in the revenue records.
2. It is not in dispute that the order passed by the Land Tribunal was ultimately set aside by the Supreme Court and the matter was remanded back for fresh
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NC: 2025:KHC:15634 WP No. 6643 of 2023 reconsideration and pursuant to the said order, the matter is still pending consideration.
3. It is not in dispute that the basis for the entry of the name of the petitioner's husband in the revenue records was only the order of the Land Tribunal and since the
order of Land Tribunal has been set aside, the Assistant Commissioner has passed the impugned
order directing the name to be restored in the name of the petitioner's husband in Column No.9 and it is also ordered that in Column No.11, it should be stated that the orders of the Land Tribunal are awaited. This order of the Assistant Commissioner has been affirmed by the Deputy Commissioner. As a consequence, the petitioner is before this Court.
4. As already noticed above, since the entry of the petitioner's husband in the revenue records was solely on the basis of the order of Land Tribunal, the moment the
order of the Land Tribunal was set aside, the very basis of
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NC: 2025:KHC:15634 WP No. 6643 of 2023 the entry would stand set aside and consequently, the entry as it stood prior to the order of the Land Tribunal, has to be restored.
5. All that the Assistant Commissioner has done is to restore the status-quo that was prevailing prior to the
order of the Land Tribunal and this has been rightly affirmed by the Deputy Commissioner.
6. I find no reason to interfere with the orders passed by the Deputy Commissioner and it is however needless to state that the revenue entries will be mutated as per the ultimate decision passed by the Land Tribunal.
7. Subject to the above, the writ petition is dismissed.
8. The Land Tribunal is directed to expedite the matter with regard to the fact that the Supreme Court remanded the matter more than 12 years ago.
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NC: 2025:KHC:15634 WP No. 6643 of 2023
9. The Land Tribunal shall ensure that the matter is disposed of within a period of three (3) months from the date of receipt of a copy of this order. Sd/- (N S SANJAY GOWDA) JUDGE SJK List No.: 1 Sl No.: 66 CT: BHK