- 1 - HC-KAR NC: 2025:KHC:24406 WP No. 15157 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 15157 OF 2025 (KLR-RES) BETWEEN: 1. SRI VIJI JOHN S/O LATE V.I. JOHN AGED ABOUT 64 YEARS 2. SRI RUBIN JOHN JOSEPH. S/O VIJI JOHN AGED ABOUT 35 YEARS BOTH ARE R/AT MISTY WOOD RESORTS. YAVAKAPADI VILLAGE, NAPOKLU HOBLI, MADIKERI TALUK, KODAGU DISTRICT-571 214. …PETITIONERS (BY SRI. S.RAJASHEKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ. M.S. BUILDING. DR. B.R. AMBEKAR VEEDHI. BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI, KODAGU DISTRICT-571 211. 3. THE ASSISTANT COMMISSIONER, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24406 WP No. 15157 of 2025 MADIKERI SUB-DIVISION, DISTRICT ADMINISTRATION BUILDING, STUART HILL, MADIKERI, KODAGU DISTRICT-571 201. 4. THE TAHSILDAR MADIKERI TALUK, KODAGU DISTRICT-571 214. 5. SRI KETOLIRA SOMANNA, S/O LATE K.M. POOVAIAH, AGED ABOUT 63 YEARS, R/AT YAVAKAPADI VILLAGE AND POST, MADIKERI TALUK, KODAGU DISTRICT-571 212. 6. SRI VENU PONNAPPA. S/O LATE A.C. MANDANNA, MAJOR, R/AT YAVAKAPADI VILLAGE AND POST MADIKERI TALUK, KODAGU DISTRICT-571 212. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R4; SRI. K.S. BHEEMAIAH, ADVOCATE FOR R5; SRI. K.S. DEVARAJ, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.05.2025 VIDE NO.TAMATA/DARI TAKARARU/37/2018-19 PASSED BY THE RESPONDENT NO.4 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:24406 WP No. 15157 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard learned Counsel appearing for the parties. 2. Sri S.Rajashekar, learned Counsel appearing for the petitioners submitted that the petitioners herein are assailing the order passed dated 09.05.2025 by respondent No.4 (Annexure 'A') before respondent No.3 in R.A.No.217/2025. 3. In that view of the matter, since the matter is pending consideration before respondent No.3, I am of the view that no interference be called for in this writ petition, as the petitioners have to exhaust their remedy available under Section 49 of the Karnataka Land Revenue Act, 1964. 4. Accordingly, this Court proceeds to pass the following: - 4 - HC-KAR NC: 2025:KHC:24406 WP No. 15157 of 2025 ORDER i) Writ petition stands disposed of. ii) Respondent No.3 is directed to expedite the hearing. iii) In the meanwhile, the order dated 05.06.2025 passed by this Court shall continue till the conclusion of the proceedings before respondent No.3-Assistant Commissioner. iv) It is also made clear that extension of the interim order dated 05.06.2025 shall not come in the way of respondent No.3 to dispose of the petition independently, on merits. Sd/- (E.S.INDIRESH) JUDGE JT/- CT:SM