- 1 - HC-KAR NC: 2025:KHC:21077 WP No. 15143 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 15143 OF 2021 (KLR-RR/SUR) BETWEEN: 1. SMT. DURGAMMA, W/O. LATE DYAVA NAIKA, AGED ABOUT 63 YEARS, 2. SRI. DEEPU S/O. LATE DYAVA NAIKA, AGED ABOUT 37 YEARS, BOTH ARE RESIDENT OF HOLEKOPPA VILLAGE, SORABA TALUK, SHIMOGA DISTRICT - 577 415. …PETITIONERS (BY SRI. M.S. HARISH KUMAR, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, SAGAR SUB DIVISION, SAGAR - 571 401. 2. THE TAHASILDAR SORABA TALUK, SHIMOGA DISTRICT - 577 429. 3. SRI. DYAVAPPA, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21077 WP No. 15143 of 2021 S/O. LATE HIRIYA NAIKA, AGED ABOUT 55 YEARS, RESIDENT OF HOLEKOPPA VILLAGE, SORABA TALUK, SHIMOGA DISTRICT - 577 415. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 AND R2; SRI. KANTHARAJA H, SR. ADVOCATE A/W SRI. H.K. RAVI, ADVOCATE FOR R3 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE ASSISTANT COMMISSIONER, SAGAR SUB DIVISION IN CASE NO.R.A.NO.73/2017 DATED 21.05.2018 VIDE ANNX-L CONFIRMING THE ORDER DATED 05.06.2017 PASSED BY THE TAHASILDAR, SORABA VIDE ANNX-J AND ALSO THE ORDER PASSED BY THE TAHASILDAR, SORABA TALUK DATED 23.04.1991 IN CASE NO.KDT(R) CR 13/1977-78 OF WHICH NO COPY IS AVAILABLE IN THE OFFICE OF THE TAHASILDAR, SORABA TALUK AND CONSEQUENTLY SET ASIDE THE MUTATION VIDE M.R.NO.1/93-94 PASSED BY THE TAHASILDAR, SORABA TALUK DATED 20.07.1993 VIDE ANNX-E 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 - 3 - HC-KAR NC: 2025:KHC:21077 WP No. 15143 of 2021 ORAL ORDER Heard Sri. M.S.Harish Kumar, learned counsel appearing for petitioners and Sri. Manjunath K., learned Addl. Government Advocate appearing for respondents. 2. In this writ petition, petitioners are assailing the order dated 21.05.2018 passed by respondent No.1-Assistant Commissioner, Sagar Sub Division in RA.No.73/2017 produced at Annexue-L. 3. Sri. H. K. Ravi, learned counsel appearing for respondent No.3 raised preliminary objection with regard to maintainability of the petition on the ground that, petitioners are having an efficacious remedy under Section 136 (3) of the Karnataka Land Revenue Act, 1964 (for short 'Act of 1964'). Accordingly, sought for dismissal of the petition. 4. Sri. Manjunath, learned Addl. Government Advocate appearing for respondent Nos.1 and 2 argued on the similar lines. 5. In the said backdrop of the submission made by the respondents, Sri. M.S.Harish Kumar, learned counsel appearing - 4 - HC-KAR NC: 2025:KHC:21077 WP No. 15143 of 2021 for petitioners contended that, what is challenged before respondent No.1, though it is an order passed in respect of change of mutation entries concerned, however, he invited the attention of this Court to the order passed by this Court in WP.No.4590/1978 disposed of on 04.01.1984, wherein the matter is pertaining to the provisions contained under the Karnataka Debt Relief Act, 2018 (for short 'Act of 2018') and therefore, sought to repel the contentions raised by the learned counsel appearing for respondents. 6. Taking note of the submission made by the learned counsel for the parties and on careful examination of the impugned order dated 21.05.2018 produced at Annexure-L, wherein the order is passed by respondent No.1 by exercising jurisdiction under Section 136(3) of the Act of 1964 against the order dated 05.06.2017 passed by respondent No.2-Tahasildar, Soraba Taluk, Shimoga District in RRT(D)CR 94/16-17. 7. In that view of the matter, though the learned counsel appearing for petitioners would submit that, the matter is pertaining to consider the case of petitioners under the Act of 2018, however, the claim made by petitioners before - 5 - HC-KAR NC: 2025:KHC:21077 WP No. 15143 of 2021 respondent No.1 is to withdraw to change of entry in MR.No.1/1993-94. 8. In that view of the matter, I find force in the submission made by the learned counsel for respondents and as such, petitioners are relegated to approach the Competent Authority under Section 136(3) of the Act of 1964. If petitioners herein approach the Competent Authority under Section 136(3) of the Act of 1964 at the earliest, the same shall be considered by the Competent Authority in accordance with law expeditiously. 9. It is made clear that all contentions of the parties are kept open. Accordingly, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE PHM List No.: 1 Sl No.: 63 CT: BHK