- 1 - NC: 2025:KHC:17018 WP No. 12442 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S. SANJAY GOWDA WRIT PETITION NO.12442 OF 2025 (KLR-RES) BETWEEN: GOPINATH SHETTY S/O LATE SUBBAIAH SHETTY AGED ABOUT 84 YEARS R/AT 1-74, PERUVAJE HOUSE PERUVAJE VILLAGE, SULLIA TALUK D.K. DISTRICT 574 212. …PETITIONER (BY SRI. P. KARUNAKAR, ADV.,) AND: 1. THE DEPUTY COMMISSIONER D.K. DISTRICT, STATE BANK ROAD MANGALORE-575001. 2. THE ASSISTANT COMMISSIONER SUB-DIVISION MAGISTRATE PUTTUR-574201. 3. THE TAHASILDHAR SULLIA TALUK D.K. DISTRICT- 574239. 4. SMT. PARVATHY D. SHETTY W/O DEVADAS SHETTY AGE MAJOR. 5. SRI. DEVADAS SHETTY S/O MANJANNA SHETTY AGE MAJOR. Digitally signed by RUPA V Location: High Court of karnataka - 2 - NC: 2025:KHC:17018 WP No. 12442 of 2025 R4 & R5 ARE R/AT PERUVAJE HOUSE PERUVAJE VILLAGE SULLIA TALUK D.K. DISTRICT - 574 212. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 TO R3 R4 & R5 NOTICE D/W) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 03.06.2023 PASSED BY THE 2ND RESPONDENT, PUTTUR SUB DVN., PUTTUR IN REVSR 163/2022-03 AT ANNEXURE A. ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 11.03.2025 PASSED BY THE 1ST RESPONDENT IN RAP NO.71/2023 AT ANNEXURE-F & 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 ORAL ORDER The confirmation of kumki rights in favour of the petitioner was challenged by the contesting private respondents by preferring an appeal. The Assistant Commissioner has exercised his discretion and granted interim order of stay of confirmation. 2. The said interim order was challenged by the petitioner before the Deputy Commissioner and the - 3 - NC: 2025:KHC:17018 WP No. 12442 of 2025 Deputy Commissioner has dismissed the appeal and has directed the Assistant Commissioner to proceed in accordance with law and consider the matter on merits. 3. It is against this grant of interim order by the Assistant Commissioner and its confirmation by the Deputy Commissioner, the petitioner is before this Court. 4. In my view, the challenge to the exercise of discretion by the Assistant Commissioner in granting an interim order of stay of the confirmation order of kumki rights cannot be entertained by way of this writ petition. In my view, therefore, the writ petition is dismissed. However, it would also be necessary to direct the Assistant Commissioner to dispose of the appeal that is pending before it as expeditiously as possible, within a period of three (03) months from the date of receipt of copy of this order. Sd/- (N.S. SANJAY GOWDA) JUDGE BSR List No.: 1 Sl No.: 39