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2025 DAILYLAW 26041 (KAR)

KRISHNA PRASAD S v. THE STATE OF KARNATAKA

WP/15513/2025 · 2025-06-20

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21571 WP No. 15513 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.15513 OF 2025 (KLR-RES) BETWEEN: 1. KRISHNA PRASAD S., S/O. LATE SANKAPPA GOWDA, AGED ABOUT 46 YEARS, OCCUPATION AGRICULTURE, RESIDING AT SERAJE HOUSE, VITLA KASABA VILLAGE AND POST, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT-574 243. 2. JAYA PRASAD S., S/O. LATE SANKAPPA GOWDA, AGED ABOUT 44 YEARS, OCCUPATION : AGRICULTURE, RESIDING AT SERAJE HOUSE, VITLA KASABA VILLAGE AND POST, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT-574 243. 3. HARI PRASAD S., S/O. LATE SANKAPPA GOWDA, AGED ABOUT 42 YEARS, OCCUPATION AGRICULTURE, RESIDING AT SERAJE HOUSE, VITLA KASABA VILLAGE AND POST, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT-574 243. 4. SHIVA PRASAD S., S/O. LATE SANKAPPA GOWDA, AGED ABOUT 35 YEARS, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21571 WP No. 15513 of 2025 OCCUPATION AGRICULTURE, RESIDING AT SERAJE HOUSE, VITLA KASABA VILLAGE AND POST, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT-574 243. …PETITIONERS (BY SRI. PRASANNA V.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPT. OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, MANGALORE-575 001. 3. THE ASST. COMMISSIONER, MANGALORE SUB-DIVISION, MANGALORE-575 001, DAKSHINA KANNADA DISTRICT. 4. THE TAHSILDAR CUM SECRETARY, REGULARIZATION COMMITTEE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT-574 219. 5. UMAVATI, W/O LATE SESHAPPA POOJARY AGED: MAJOR R/AT NO.4-337/A SERAJE HOUSE VITLA POST, VITLA KASABA VILLAGE BANTWAL TALUK DAKSHINA KANNADA DISTRICT-574 219. - 3 - HC-KAR NC: 2025:KHC:21571 WP No. 15513 of 2025 6. AMITHA S., D/O LATE SESHAPPA POOJARY, AGE : MAJOR R/AT NO.4-337/A, SERAJE HOUSE, VITLA POST, VITLA KASBA VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT-574 219. 7. TILAKRAJ S., S/O LATE SESHAPPA POOJARY, AGE : MAJOR, R/AT NO.4-337/A, SERAJE HOUSE, VITLA POST, B ANTWAL TALUK, VITLA KASBA VILLAGE, DAKSHINA KANNADA DISTRICT-574219. 8. SRI. RAJU, S/O LATE CHANDAPPA GOWDA, AGE : MAJOR, R/AT SERAJE HOUSE, VITLA POST, VITLA KASABA VILLAGE, BANTWAL TALUK, D.K.DISTRICT-574 219, NOW R/AT C/O DAMODHARA GOWDA, S/O RAMANNA GOWDA, ADATTEMARY HOUSE, MYROLTHADAKA POST, BELTANGADY TALUK, D.K.DISTRICT-574 114. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11.03.2025 IN C.DIS. RAP. 110/2024 PASSED BY THE RESPONDENT NO.2 DEPUTY COMMISSIONER, ORDER DATED 17.09.2024 IN - 4 - HC-KAR NC: 2025:KHC:21571 WP No. 15513 of 2025 C.DIS.RA.SR.324/2023 PASSED BY THE RESPONDENT NO.3 ASSISTANT COMMISSIONER AND ORDER DATED 23.03.2023 IN NO.NCR.SR.713/99-2000 PASSED BY THE REGULARIZATION COMMITTEE REPRESENTED BY THE RESPONDENT NO.3 TAHASILDAR GRANTING LAND MEASURING 2.42 ACRE IN SY.NO.543/5B, 0.22 ACRES IN SY.NO.543/5C AND 0.01 ACRE IN SY.NO.542/282 IN ALL MEASURING 2.65 ACRES SITUATED AT VITLA KASBA VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT, FOLLOWED WITH ISSUANCE OF SAGUVALI CHIT DATED 27.03.2023 TRUE COPIES OF WHICH ARE PRODUCED AT ANNEXURE-A, B, C, C-1 AND D RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER Learned Additional Government Advocate accepts notice for the respondents 1 to 4. 2. Heard the learned counsel appearing for the parties. 3. In this writ petition, the petitioners are assailing the order dated 11.08.2025 (Annexure-A) - 5 - HC-KAR NC: 2025:KHC:21571 WP No. 15513 of 2025 passed by Respondent No.2-Deputy Commissioner in C.Dis.RA.SR.324/2023 inter-alia assailing the orders passed by respondent Nos. 3 and 4. 4. Having considered the submissions made by the learned counsel for the petitioners and the learned Additional Government Advocate, it is noted that the impugned order has been passed under Section 50 of the Karnataka Land Revenue Act, 1964, which is revisable under Section 56 of the said Act. 5. In that view of the matter, liberty is reserved to the petitioners to approach the competent authority/Tribunal for redressal of their grievance. 6. It is further made clear that, if such an appeal/revision is filed within two weeks from the date of receipt of the certified copy of this order, the period spent by the petitioners before this Court shall be - 6 - HC-KAR NC: 2025:KHC:21571 WP No. 15513 of 2025 excluded for the purpose of limitation. Accordingly, the writ petition stands disposed of. 7. The Registry is directed to return the certified copies of the documents /Annexures filed by the petitioners, including the impugned order at Annexure-A, after replacing them with photocopies. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 28