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2025 DAILYLAW 29766 (KAR)

SRI M RAMANATH PAI v. THE ASSISTANT COMMISSIONER

WP/18496/2025 · 2025-06-27

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22811 WP No. 18496 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.18496 OF 2025 (KLR-RES) BETWEEN: 1. SRI M RAMANATH PAI S/O LATE M. VENKATESH PAI, AGED ABOUT 55 YEARS RESIDING AT NO.18, SHREE KAMAKSHI, DEE ENCLAVE LAYOUT, SAHAKARANAGARA POST, KODIGEHALLI, BENGALURU-560 092. 2. SRI.KUMBLE RAMDAS KINI S/O LATE KUMBLE VASUDEVA KINI AGED ABOUT 60 YEARS RR/AT NO.9 REVENUE LAYOUT BEHIND KANNIKAPARAMESHWARI TEMPLE SANJAYNAGAR BENGALURU - 560094. 3. SMT. SUMATHI M NAYAK W/O LATE K MOHANDAS NAYAK AGED ABOUT 77 YEARS RESIDING AT NO 9 NAIK NILAYA, 4TH CROSS NAGAPAP STREET PALACE GUTTAHALLI BENGALURU - 560003. 4. SMT.D. VILASINI, W/O M. KRISHNAND SHENOY Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22811 WP No. 18496 of 2025 AGED ABOUT 59 YEARS, RESIDING AT NO.415/1, COMMUNITY HALL ROAD, 13TH MAIN, D BLOCK, OLD JYOTHI BAKERY ROAD, GAYATHRI NAGARA, SRIRAMPURAM, BENGALURU - 560 021. …PETITIONERS (BY SRI. ASHOK G V., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION, KANDAYA BHAVANA, K.G. ROAD, BENGALURU 560 009. 2. THE TAHASILDAR BENGALURU NORTH TALUK, KANDAYA BHAVAN, BASEMENT FLOOR, K.G. ROAD, BENGALURU-560 009. 3. SRI.PUTTAIAH S/O MARANNA, AGED ABOUT 80 YEARS, RESIDING AT KUDUREGERE VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 157. 4. SMT.MAYAMMA, W/O LATE NARAYANAPPA, AGED ABOUT 59 YEARS, RESIDING HANUMANTHASAGARA VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK. - 3 - HC-KAR NC: 2025:KHC:22811 WP No. 18496 of 2025 5. SMT.K.S. JAYALAKSHAMMA W/O LATE K.S. SRINIVASA MURTHY, AGED ABOUT 83 YEARS, RESIDING SIDDANAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562162. 6. SMT. B.S. RANGALAKSHMI W/O LATE S. NAGARAJ, D/O LATE K.S. SRINIVASA MURTHY, AGED ABOUT 54 YEARS, RESIDING AT NO.62/A, 4TH BLOCK, 10TH MAIN, RAJAJINAGAR, BENGALURU - 560010. 7. SMT.B.S. VANISHREE D/O LATE K.S. SRINIVASA MURTHY, W/O VISHWANATHA, RESIDING AT NO.62/A, 4TH BLOCK, 10TH MAIN, RAJAJINAGAR, BENGALURU - 560 010. 8. SRI. A. JAYARAMAIAH, S/O LATE NARAYANAPPA, AGED ABOUT 62 YEARS, RESIDING AT NO.584, BHUVANESHWARINAGARA, T. DASARAHALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU 560 057. 9. SRI. M. KUMARASWAMY S/O MOODALAGIRIGOWDA, AGED ABOUT 57 YEARS, R/AT MASTIGOWDANAPALYA VILLAGE, C.N. PURA HOBLI, IDAGURU POST, - 4 - HC-KAR NC: 2025:KHC:22811 WP No. 18496 of 2025 GUBBI TALUK, TUMAKURU DISTRICT-572213. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25-06-2024 IN R.A.(BN) 86/2016- 17 PASSED BY THE COURT OF THE ASSISTANT COMMISSIONER, BENGALURU NORTH, SUB-DIVISION, AT BENGALURU (1ST RESPONDENT) (ANNEXURE-M) AND AS A CONSEQUENCE THEREOF QUASH THE CASE IN R.R.T (DISPUTE)/C.R.380/2024-25 PENDING ON THE FILE OF THE 2ND RESPONDENT ANNEXURE-N. 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 1. Learned Additional Government Advocate is directed to take notice for respondent Nos.1 and 2. 2. In this writ petition, petitioners are assailing the order dated 25.06.2024 (Annexure-M) in R.A.(BN):86/2016-17, passed by respondent No.1. - 5 - HC-KAR NC: 2025:KHC:22811 WP No. 18496 of 2025 3. Learned Additional Government Advocate raised preliminary objection that the petitioners are having alternative efficacious remedy under Section 136(3) of the Karnataka Land Revenue Act, 1964. 4. In this regard, Sri. Ashok G.V., learned counsel appearing for the petitioners contended that, the petitioners have questioned the jurisdiction of respondent No.1 to look into the order passed by respondent No.1 and therefore, he contended that, the impugned order is non est on the ground of lack of jurisdiction. 5. In that view of the matter, taking into consideration the fact that the petitioners have efficacious remedy before the competent authority under Section 136(3) of the Karnataka Land Revenue Act, 1964 and also it is open for the Revisional Authority to look into all the documents pertaining to the jurisdiction aspect raised by the learned counsel appearing for the petitioners herein, and as such, I am of the view that, the writ petition is not maintainable. 6. Accordingly, the writ petition is rejected and the petitioners are relegated to approach the competent authority - 6 - HC-KAR NC: 2025:KHC:22811 WP No. 18496 of 2025 under Section 136(3) of the Karnataka Land Revenue Act, 1964. 7. Needless to say that all the contentions of the parties are kept open. 8. Consequently, pending I.As. 1 and 2 of 2025 do not survive for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 46