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2025 DAILYLAW 24818 (KAR)

RAMESH BOPAIYA v. THE STATE OF KARNATAKA

WP/16102/2025 · 2025-06-09

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19351 WP No. 16102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.16102 OF 2025 (KLR-RES) BETWEEN: 1. RAMESH BOPAIYA S/O LATE DR. BOPAIYA, AGED ABOUT 69 YEARS, R/AT 82G, FM CARIAPPA CIRCLE MADIKERI KODAGU - 571 201. 2. ANJALI BOPAIYA W/O RAMESH BOPAIYA, AGED ABOUT 68 YEARS, 3. SNEHA BOPIYA D/O RAMESH BOPAIYA. AGED ABOUT 36 YEARS REPRESENTED BY GPA HOLDER PETITIONER NO.1, 2 & 3 RESIDENT OF PODAKOTTE VILLAGE, CHEMBEBELLUR POST, VIRAJPET TALUK, KODAGU DISTRICT-571218. …PETITIONERS (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19351 WP No. 16102 of 2025 VIDHANA SOUDHA, BANGALORE-560001. 2. THE DEPUTY COMMSSIONER, KODAGU DISTRICT-571218. 3. THE ASSISTANT COMMISSIONER, MADIKERI, KODAGU DISTRICT. 4. THE TASHILDAR, VIRAJPET TALUK, KODAGU DISTRICT-571218. 5. M. C. PONAPPA S/O LATE CARIAPPA, MAJOR, R/AT PODAKOTTE VILLAGE, CHEMBEBELLUR POST, VIRAJPET TALUK, KODAGU DISTRICT-571218. 6. REVENUE INSPECTOR VIRAJPET TALUK, KODAGU DISTRICT-571218. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO 4 & 6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.02.2025 PASSED BY RESPONDENT NO.2 IN R.P. NO. 01 OF 2025 VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE REVISION PETITION IN R.P.NO.1 OF 2025. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:19351 WP No. 16102 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned Additional Government Advocate accepts notice for respondents. 2. Heard the learned counsel appearing for the parties. 3. In this writ petition, petitioner is assailing the order dated 18.02.2025 passed by the respondent No.2 in RP No.1 of 2025 (Annexure-A), and allow the Revision Petition in R.P.No.1 of 2025, before the respondent No.2. 4. Having heard the learned counsel appearing for the parties and learned Additional Government Advocate, on careful examination of the order dated 25.09.2024 passed by the respondent No.3-Assistant Commissioner, wherein, it is stated that, the opportunity has not been extended to the appellant therein to file objections with regard to change of khata and accordingly, the respondent No.3, has remitted the matter to the respondent No.4 to allow the parties to file their respective claims and - 4 - HC-KAR NC: 2025:KHC:19351 WP No. 16102 of 2025 respondent No.4 has been directed to take decision in the matter after affording opportunity of hearing to all the claims made in respect of land in question. The said order produced at Annexure-B, was questioned before the respondent No.2 in R.P.No.1 of 2025 and the respondent No.2, rightly dismissed the revision and in that view of the matter, I am of the opinion that, since the respondent No.3 has remitted the matter to the respondent No.4 for considering the rival claim of the parties, I am of the opinion that, no interference is called for under Articles 226 and 227 of Constitution of India. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 45