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2025 DAILYLAW 29391 (KAR)

SRI DILIP M M v. THE STATE OF KARNATAKA

WP/17934/2025 · 2025-06-24

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21974 WP No. 17934 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 17934 OF 2025 (KLR-RES) BETWEEN: 1. SRI DILIP M M. S/O SRI M D MANJUNATH, AGED ABOUT 36 YEARS, R/AT DANDALLI VILLAGE, SHANIVARSANTHE HOBALI, SOMAVARAPETE TALUK, KODAGU 571235. …PETITIONER (BY SRI. SUPRITHA K.H, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDING, AMBEDKAR VEEDI, BENGALURU 560 001 REPT BY ITS PRINCIPAL SECRETARY. 2. THE DEUPTY COMMISSIONER DISTRICT ADMINISTRATION BUILDING, KODAGU, MADIKERI 571201. 3. THE ASSISTANT COMMISSIONER DISTRICT ADMINISTRATION BUILDING, KODAGU MADIKERI 571201. 4. THE TAHSILDAR SOMAVARAPETE TALUK OFFICE, SOMAVARAPETE TALUK, KODAGU 571236. 5. THE RANGE FOREST OFFICER SHANIVARSANTHE RANGE, SOMWARPET TALUK, 571235, KODAGU DISTRICT. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21974 WP No. 17934 of 2025 6. SRI VEERENDRA M S S/O SUBBAIAH, AGED ABOUT MAJOR, MAADRE VILLAGE, KODLIPET HOBLI, SOMVARPET TALUK, KODAGU 571235. …RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF PURAN IN REVENUE APPOL IMPUGNED ORDER IN REVENUE APPEAL 23/24 PASSED BY THE 2ND RESPONDENT DATED 04-03-2025 VIDE ANNEXURE-W, CONFIRMING THE ORDER PASSED BY THE 3RD RESPONDENT IN NCR(0)6/2023-24 DATED 26/09/2024 VIDE ANNEXURE-V) AND ETC. 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 respondents No.1 to 5. 2. Heard, learned counsel appearing for the parties. 3. In this petition, the petitioner is assailing the order dated 04.03.2025 as per Annexure-W passed by the respondent No.2. 4. Learned Additional Government Advocate for the respondents No.1 to 5 submitted that petitioner is having an efficacious remedy to approach the Karnataka Appellate - 3 - HC-KAR NC: 2025:KHC:21974 WP No. 17934 of 2025 Tribunal and without exhausting the remedy available, the petitioner has approached this Court. 5. In that view of the matter, taking into consideration that the impugned order is passed by respondent No.2 under Section 49 of the Karnataka Land Reforms Act, 1964, and the petitioner is having alternative remedy before the Karnataka Appellate Tribunal, the writ petition is disposed of reserving liberty to the petitioner to approach the Karnataka Appellate Tribunal. 6. In the event, if the petitioner approaches the Karnataka Appellate Tribunal within two weeks from the date of receipt of this Order, the period spent by the petitioner before this Court be condoned by the Karnataka Appellate Tribunal. Ordered accordingly. Sd/- (E.S.INDIRESH) JUDGE HR List No.: 1 Sl No.: 52