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2025 DAILYLAW 28151 (KAR)

MUNIYAPPA, v. STATE OF KARNATAKA

WP/16391/2025 · 2025-06-25

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22274 WP No. 16391 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 16391 OF 2025 (KLR-RES) BETWEEN: 1. MUNIYAPPA, S/O LATE CHINNAPPAIAH, AGED ABOUT 85 YEARS. 2. SMT. SARASAMMA W/O MUNIYAPPA AGED ABOUT 70 YEARS R/AT DODDURU KARAPPANAHALLI VILLAGE, ROBERTSON PET HOBLI, BANGARPET TALUK. KOLAR DISTRICT-563 122 …PETITIONERS (BY SRI. S. RAJA SHEKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING DR. B.R AMBEDKAR VEEDHI, BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR -563101 Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22274 WP No. 16391 of 2025 3. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION. KOLAR-563 101 4. THE TAHSILDAR BANGARPET TALUK, KOLAR DISTRICT-563 114 5. SRI. L. NARAYANASWAMY S/O LATE LAGUMAPPA, AGED ABOUT 55 YEARS. 6. SMT. LAKSHMAMMA W/O VENKATARAMAPPA AGED ABOUT 53 YEARS 7. SRI. CHANDRAPPA S/O HUNUMAPPA AGED ABOUT 53 YEARS, RESPONDENT NOS. 5 TO 7 ARE R/AT DODDURU KARAPPANAHALLI VILLAGE, ROBERTSON PET HOBLI, BANGARPET TALUK. KOLAR DISTRICT-563 122. …RESPONDENTS (BY SRI. SIDDHARTH BABU RAO, ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 7.04.2025 PASSED BY THE R-2 IN CASE NO. LND CR /171/2025 TO THE EXTENT OF NOT GRANTING EX-PARTE INTERIM ORDER AS PRAYED FOR VIDE ANX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:22274 WP No. 16391 of 2025 CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER Learned Additional Government Advocate accepts notice for the respondents. 2. Heard the learned counsel appearing for the parties 3. In this writ petition, the petitioners are seeking quashing of notice dated 07.04.2025 issued by the respondent No.2- Deputy Commissioner wherein the petitioners have filed an application seeking a stay of the proceedings in LND.RUO(A) 15 of 2015-16, based on the order dated 06.03.2025, passed by the Assistant Commissioner, Kolar Sub- Division. 4. Having considered the submissions made by the learned counsel for the parties, it is noted that respondent No.2 has issued notice without considering - 4 - HC-KAR NC: 2025:KHC:22274 WP No. 16391 of 2025 the petitioner’s application for stay of the impugned order said to have been passed by respondent No.3- Assistant Commissioner. It is submitted by the learned counsel for the petitioners that the matter is now posted for hearing on 07.07.2025. In that view of the matter, Respondent No.2 is directed to consider the petitioners' application seeking stay of the impugned order therein on the next date of hearing, i.e., 07.07.2025. In the meantime, no precipitative or coercive action shall be taken against the petitioners in furtherance of the order dated 06.03.2025 in the proceedings bearing No. LND.RUO(A) 15 of 2015-16, passed by respondent No.2. With these observations, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 44