Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23119 WP No. 21938 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.21938 OF 2024 (KLR-RES) BETWEEN:
1.
MRS. SUDHA, WIFE OF LATE P BACHEGOWDA, AGED ABOUT 48 YEARS,
2.
NAVEEN GOWDA SON OF LATE P BACHEGOWDA, AGED ABOUT 25 YEARS,
3.
VIDYA B DAUGHTER OF LATE P BACHEGOWDA, AGED ABOUT 18 YEARS,
ALL ARE R/AT NO. 734, BAGALUR, BENGALURU NORTH TALUK, BANGALORE - 562 149 REPRESENTED BY THEIR GPA HOLDERS.
1. MRS. MALA RASTOGI, WIFE OF ROHIT RASTOGI, AGED ABOUT 39 YEARS, RESIDING AT 2031, TOWER 2, SOBHA PALM COURT, MARUTHI NAGAR, YELAHANAKA, BENGALURU - 560 064.
2. MR. VITTAL KOLLUR, SON OF GURAPPA, AGED ABOUT 50 YEARS, RESIDING AT NO. 639, 5TH CROSS,8TH MAIN,
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:23119 WP No. 21938 of 2024
RPC LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. …PETITIONERS (BY SRI. PRASANNA DESHPANDE., ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE DEPARTMENT OF REVENUE, M S BUILDING, VIDHANA VEDDHI, BENGALURU - 560 001.
2.
REGIONAL COMMISSIONER OFFICE OF THE REGIONAL COMMISSIONER, BENGALURU DIVISION, 2ND FLOOR, B M T C BUILDING, SHANTI ANGAR, BENGALURU - 560027.
3.
SPECIAL DEPUTY COMMISSIONER -III KANDAYA BHAVANA, K G ROAD, BENGALURU - 560001.
4. TAHASILDAR YELAHANKA TALUK, BANGALORE MINI VIDHANA SOUDHA, YELAHANKA, BENGALURU - 560064.
5.
REVENUE INSPECTOR JALA -03, BAGALURU CIRLCE, YELAHANKA TALUK, BENGALURU - 562 149. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R5)
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HC-KAR NC: 2025:KHC:23119 WP No. 21938 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER/ DIRECTION DATED
28.06.2024 (ANNEXURE-T) MADE BY THE RESPONDENTNO.2 DIRECTING THE RESPONDENT NO.3 TO REVIEW THE ORDER DATED 01.04.2024 PASSED IN RRT(2) (N) (A) CR/897/2008-2009 BY THE RESPONDENT NO.3 IN ANNEXURE-H AS ILLEGAL AND UNCONSTITUTIONAL; 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 Heard Sri. Prasanna Deshpande, learned counsel appearing for the petitioners and Smt. Navya Shekar,
learned counsel appearing for the respondent No.1 to
5.
2. In this writ petition, the petitioners are assailing the letter dated 28.06.2024 vide Annexure-T issued by the respondent No.2 directing the respondent No.3 to review the order dated 01.04.2024 passed by the respondent No.3 vide Annexure- H and
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HC-KAR NC: 2025:KHC:23119 WP No. 21938 of 2024
quashing the notice dated 30.07.2024 vide Annexure- V to the writ petition.
3. Having taken note of the submission made by the learned counsel appearing for the parties, the Respondent No.3, while exercising revisional jurisdiction under Section 136(3) of the Karnataka Land Revenue Act, 1964, had dropped the proceedings pertaining to the subject land by order dated 01.04.2024 (Annexure–H). Subsequently, Respondent No.2 issued a communication dated 28.06.2024 directing Respondent No.3 to review the said order. Pursuant thereto, the impugned notice dated 30.07.2024 (Annexure–V) came to be issued by Respondent No.3. In that view of the matter, since Respondent No.3 had already exercised its revisional jurisdiction under Section 136(3) of the Karnataka Land Revenue Act, 1964, and considering that the statute does not confer any power of review upon the
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HC-KAR NC: 2025:KHC:23119 WP No. 21938 of 2024
revisional authority, any subsequent attempt by Respondent No.3 to review its own order is without jurisdiction and legally untenable. In that view of the matter, following the declaration of law made by this court in W.P.No. 20882 of 2016 dated 15.06.2016 and in W.P.No. 45634 of 2013 dated 14.11.2013, I find force in the submission made by the learned counsel for the petitioner as the respondent No.3 has no jurisdiction to review its own order. Accordingly, notice dated 30.07.2024 at Annexure-V and all further proceedings thereto are hereby set aside. Accordingly, the writ petition disposes of.
Sd/-
(E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 21