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2025 DAILYLAW 31139 (KAR)

SMT. VASANTHI AMAR B V v. THE REGIONAL COMMISSIONER

WP/20633/2025 · 2025-07-14

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25625 WP NO.20633 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.20633 OF 2025 (KLR-RES) BETWEEN: SMT. VASANTHI AMAR B.V. W/O AMARNATH, D/O SHRI. A VENKATARAMAIAH, AGED ABOUT 48 YEARS, SPECIAL DEPUTY COMMISSIONER, K RIDE, BENGALURU URBAN, DR. RAJKUMAR ROAD, 1ST BLOCK, RAJAJINAGAR, BENGALURU - 560 010. R/AT NO.39, 2ND CROSS, P AND T COLONY, R.T.NAGARA, BENGALURU - 560 032. …PETITIONER (BY SRI. M.S. SHYAM SUNDAR, SENIOR COUNSEL FOR SMT. VANDANA P.L., ADVOCATE) AND: 1. THE REGIONAL COMMISSIONER BENGALURU DIVISION, DEPARTMENT OF REVENUE AND THE NODAL OFFICER, EX-OFFICIO SECRETARY (ECONOMIC OFFENCES), 2ND FLOOR, BMTC BUILDING, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. 2. M/S. PANCHAVATI TRUST NO.3412, 10TH MAIN ROAD, 2ND CROSS, 2ND STAGE, INDIRANAGAR, BENGALURU. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25625 WP NO.20633 OF 2025 REPRESENTED BY ITS PRESIDENT. MRS. RANI SATISH- POLITICIAN. …RESPONDENTS (BY SRI. KIRAN V. RON, AAG A/W SRI. SIDDHARTH BABURAO, AGA FOR R1) THIS WRIT PETITION IS FILED UNDR ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE RESPONDENT NO.1 LACKED AUTHORITY AND JURISDICTION TO ENTER INTO AN INQUIRY INTO THE JUDICIAL ORDERS PASSED BY THE PETITIONER WHILE DISPOSING THE REVENUE APPEALS/REVIEW PETITIONS UNDER SECTION 136(3) OF KARNATAKA LAND REVENUE ACT AND THEREBY THE RESONDENT NO.1 DID NOT POSSESS POWERS AND SCOPE TO GENERATE THE IMPUGNED REPORT DATED 13TH MARCH, 2025 VIDE ANNEXURE-F AND THE SAME IS WHOLLY ILLEGAL AND RESULTANTLY QUASH THE SAME; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is seeking to declare that the respondent No.1 lacked authority and jurisdiction to enter into an inquiry into the judicial orders passed by the petitioner while the disposing the revenue appeals/review petitions under Section 136(3) of the Karnataka Land Revenue - 3 - HC-KAR NC: 2025:KHC:25625 WP NO.20633 OF 2025 Act and thereby the respondent No.1 did not possess powers and scope to generate that impugned report dated 13th March, 2025 (Annexure-F). 2. Heard Sri. M.S. Shyam Sundar, learned Senior Counsel on behalf of Smt. Vandana P.L., appearing for the petitioner; Sri. Kiran V. Ron, learned Additional Advocate General along with Sri. Siddharth Baburao, learned Additional Government Advocate appearing for respondent No.1. 3. Sri. M.S. Shyam Sundar, learned Senior Counsel appearing for the petitioner invited the attention of the Court to the series of the orders passed by this Court produced at Annexure-E series and also the observation made by the respondent No.1 in the report dated 13th March, 2025 (Annexure-F). I have carefully perused the same, wherein, the respondent No.1 had stated that the petitioner is not following orders of the higher officers in the Department and also the action may be taken under Section 219 of the Indian Penal Code (present Section 257 Bharatiya Nyaya Sanhita, 2025) read with Section 35 of the Karnataka Land Revenue Act, 1964. - 4 - HC-KAR NC: 2025:KHC:25625 WP NO.20633 OF 2025 Therefore, I am of the view that, it is open for the petitioner to approach the competent Administrative Tribunal in this regard. 4. Taking into consideration of the urgency pleaded by the learned Senior Counsel appearing for the petitioner, respondent No.1-Authority is directed not to precipitate any coercive action against the petitioner for one week from today to enable the petitioner to approach the competent Administrative Tribunal. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 13