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2025 DAILYLAW 21154 (KAR)

SMT PARVATHAMMA v. THE STATE OF KARNATAKA

WP/8549/2021 · 2025-06-10

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19789 WP No. 8549 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 8549 OF 2021 (KLR-RES) BETWEEN: 1. SMT. PARVATHAMMA W/O LATE RAMAIAH AGED ABOUT 60 YEARS, R/AT KUNTAHALLI VILLAGE KASABA HOBLI, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 561 204, (REPRESENTED BY HER SPA HOLDER SRI.. T .ANAND) 2. SRI. T.ANAND, S/O LATE THIMMEGOWDA, AGED ABOUT 52 YEARS, R/AT HUSKUR VILLAGE, DODDABELAVAGALA HOBLI, DODDABALLAPURA TALUK - 561 204. …PETITIONERS (BY SRI. KARUNAKARA P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA DR. AMBEDKAR VEEDI, BANGALORE - 560 001. REP. BY ITS THE SECRETARY. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19789 WP No. 8549 of 2021 2. ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA - 561 204. 3. THE TAHSILDAR, DODDABALLAPURA TALUK, MINI VIDHANA SOUDHA, DODDABALLAPURA TOWN, BENGALURU RURAL DISTRICT. 4. SRI. SHIVAKUMARA, S/O LATE HANUMAPPA, AGED ABOUT 51 YEARS, 5. SRI. K.M. MURULI, S/O MUNE GOWDA M, AGED ABOUT 40 YEARS, 6. SRI. NARAYANAPPA M S/O LATE MUDDAPPA @ ANJINAPPA AGED ABOUT 72 YEARS 7. SRI. BALASUBRAMANYA SWAMY S/O KEMPEGOWDA AGED ABOUT 47 YEARS 8. SRI. MUNI KRISHNAPPA S/O LATE NANJUNDAPPA AGED ABOUT 55 YEARS 9. SRI. HANUME GOWDA S/O LATE KEMPANNA AGED ABOUT 51 YEARS 10. SRI. KEMPE GOWDA S/O LATE RAMAIAH AGED ABOUT 62 YEARS - 3 - HC-KAR NC: 2025:KHC:19789 WP No. 8549 of 2021 11. SRI. KESHAVA MURTHY S/O MUNEGOWDA M AGED ABOUT 45 YEARS 12. SRI. MUNE GOWDA S/O LATE DODDA MUNIYAPPA AGED ABOUT 50 YEARS 13. SRI. CHIKKE GOWDA S/O LATE RAMAIAH AGED ABOUT 52 YEARS 14. SRI. THIMMEGOWDA S/O LATE MUTTURAPPA AGED ABOUT 58 YEARS 15. SRI. NAGARAJU S/O HANUMANTHARAYAPPA AGED ABOUT 50 YEARS 16. SRI. PUTTARAJU S/O LATE RAMAIAH AGED ABOUT 52 YEARS 17. SRI. NATARAJU S/O LATE RAMAIAH AGED ABOUT 48 YEARS 18. SRI. N RAJANNA S/O LATE NANJUNDAPPA AGED ABOUT 54 YEARS 19. SRI. KESHAVA MURTHY S/O LATE MUNI CHANNAPPA AGED ABOUT 45 YEARS 20. SRI. RAMAKRISHNAIAH S/O LATE MUNI CHANNAPPA AGED ABOUT 58 YEARS - 4 - HC-KAR NC: 2025:KHC:19789 WP No. 8549 of 2021 21. SRI. CHENNEGOWDA S/O LATE BAYYANNAPPA AGED ABOUT 62 YEARS 22. SRI. KEMPE GOWDA S/O CHANNE GOWDA K.C AGED BOUT 40 YEARS 23. SRI. CHANNA KESHAVA S/O CHANNEGOWDA K C AGED ABOUT 37 YEARS 24. SRI. KEMPARAJU S/O LATE MUDDAPPA AGED ABOUT 48 YEARS 25. SRI. BHAYYANNA S/O LATE MUDDAPPA AGED ABOUT 54 YEARS 26. SRI. BHADREGOWDA S/O VEERANNA AGED ABOUT 51 YEARS 27. SRI. SRINIVAS S/O APPADAPPA AGED ABOUT 40 YEARS 28. SRI. SHIVASHANKARA S/O ANJINAPPA AGED ABOUT 32 YEARS RESPONDENS 4 TO 28 ARE R/AT KUNTANAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 204. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 TO R3; SRI. K. SACHINDRA KARANTH, ADVOCATE FOR R4 TO R9; R10 TO R28 ARE SERVED BUT UNREPRESENTED) - 5 - HC-KAR NC: 2025:KHC:19789 WP No. 8549 of 2021 THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.03.2021 PASSED BY THE 3RD RESPONDENT IN APPEAL NO. AS PER ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioner is assailing the order dated 29.03.2021 passed by Respondent No.3 in Appeal No.R.A.(DBP)423 of 2021-21 (Annexure-A). 2. It is submitted by Shri.Karunakara, learned counsel appearing for the petitioner that Respondent No.3 has passed the impugned order at Annexure-A without jurisdiction and he further contended that, the private respondents herein have no locus-standi to raise the dispute before the revenue authorities seeking change of entries. - 6 - HC-KAR NC: 2025:KHC:19789 WP No. 8549 of 2021 3. Per contra, ShriManjunath.K., learned HCGP AGA appearing for the Respondent Nos.1 to 3 invited the attention of the Court to the impugned order at Annexure- A and submitted that the petitioner is having an efficacious remedy under Section 136(3) of the Karnataka Land Revenue Act. 4. In that view of the matter, taking into consideration the factual aspects of the matter and the grounds urged in the memorandum of the writ petition, I am of the view that the petitioner is having an efficacious remedy under Section 136(3) of the Karnataka Land Revenue Act and accordingly, the writ petition cannot be accepted. 5. In that view of the matter, the writ petition is disposed of, reserving liberty to the petitioners herein to approach the competent authority under Section 136(3) of the Karnataka Land Revenue Act. All contentions of the parties are kept open. It is also made clear that the period spent by the petitioners herein be condoned as per Section - 7 - HC-KAR NC: 2025:KHC:19789 WP No. 8549 of 2021 14 of the Limitation Act, in the event, if such revision petition is filed by the petitioners herein before the competent authority under Section 136(3) of the Karnataka Land Revenue Act, the said authority shall expedite the same. SD/- (E.S.INDIRESH) JUDGE DH List No.: 1 Sl No.: 52 CT: BHK