- 1 - HC-KAR NC: 2025:KHC:23461 WP No. 21663 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 21663 OF 2024 (KLR-RES) BETWEEN: 1. MR. SHAMANNA S/O LATE NARASIMHAIAH, AGED ABOUT 46 YEARS, R/AT KRISHNAPURA VILLAGE, CHINNENAHALLI POST, MEDIGESHI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 133. 2. MR. SIDDESWARA S/O LATE NARASIMHAIAH, AGED ABOUT 44 YEARS, R/AT KRISHNAPURA VILLAGE, CHINNENAHALLI POST, MEDIGESHI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT PIN CODE - 572 133. …PETITIONERS (BY SRI. UDAYA SHANKAR RAI P.,ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY STATE GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, 5TH FLOOR, M.S. BUILDING, DR B R AMBEDKAR VEEDHI , BENGALURU - 560 001. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23461 WP No. 21663 of 2024 2. THE DEPUTY COMMISSIONER MINI VIDHANA SOUDHA, TUMAKURU DISTRICT, TUMAKURU - 572 101. 3. THE ASSISTANT COMMISSIONER KSRTC BUS STAND ROAD, MADHUGIRI TALUK, MADHUGIRI - 572 132. 4. THE TAHSILDAR MADHUGIRI TALUK OFFICE MADHUGIRI - 572 132. 5. THE CHAIRMAN THE LAND GRANT COMMITTEE, MADHUGIRI TALUK, MADHUGIRI - 572 132. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO.,AGA) THIS WRIT PETITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO R-3 TO PASS FRESH ORDERS IN RA(A) NO. 3/2004-05 IN THE LIGHT OF THE REMAND ORDER DATED 25.11.2019 PASSED IN R.A.NO. 20/2007-08 AS PER ANNX-D BY THE R-2 IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:23461 WP No. 21663 of 2024 ORAL ORDER Heard the learned counsels appearing for the parties. 2. The petitioners herein are challenging the order dated 25.11.2019 (Annexure-D) passed by respondent No.2, wherein dispute has been remanded to respondent No.3. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, on careful examination of the proceedings in R.A.(A). No.3/2004-05 before the respondent No.3, it is seen that, the Chairman of the Committee was respondent No.3. 4. Taking into consideration the provision contained under Rule 108-D (6) of Karnataka Land Revenue Rules, 1966, which reads as Under: ''108-D. Procedure of the Committee.- (6) Appeal against orders made by the Tahsildar on the recommendations of the Committee shall lie to the Assistant Commissioner, and of the Additional Committee shall lie to the Deputy Commissioner. '' - 4 - HC-KAR NC: 2025:KHC:23461 WP No. 21663 of 2024 5. On careful examination of the language employed in the above provision, it is clear that, if the Chairman of the Committee is the Assistant Commissioner, then the appeal shall lie to the Deputy Commissioner. 6. In that view of the matter, the respondent No.2 is having the jurisdiction to hear the matter. Hence, I find force in the submission made by the learned counsel appearing for the petitioner. Hence, I pass the following: ORDER (i). Writ petition is allowed. (ii). Order dated 25.11.2019 (Annexure-D) passed by respondent No.2 is hereby set aside and the matter is remitted to respondent No.2 to reconsider the issue afresh after hearing both the parties concerned and take decision in the matter in accordance with law. - 5 - HC-KAR NC: 2025:KHC:23461 WP No. 21663 of 2024 (iii). Taking into consideration that the proceedings are of the year 1999-2000, the petitioners herein are directed to appear before respondent No.2 on *01.08.2025 at 03:00 p.m., and on their appearance the respondent No.2 is directed to dispose the proceedings at the earliest, within a period of six months from that date. Sd/- (E.S.INDIRESH) JUDGE RL * corrected vide Court Order dated 25.07.2025.