Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:2291 WP No. 25604 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.25604 OF 2024 (KLR-RES) BETWEEN:
SMT. SHEELA GOPAL WIFE OF LATE SHRI GOPAL RAMANARAYAN AGED ABOUT 83 YEARS R/AT 2ND FLOOR, RAMAKRIPA NO.21, BENSION CROSS ROAD OFF MILLERS ROAD BENSON TOWN BENGALURU - 560046 REPRSENTED BY SON AND CONSTITUTED ATTORNEY MR. JAWAHAR GOPAL
…PETITIONER (BY SMT. AMRITA, ADVOCATE FOR SRI. VACHAN H.U., ADVOCATE)
AND:
THE DEPUTY COMMISSIONER BENGALURU URBAN DISRICT BENGALURU - 560 009. …RESPONDENT (BY SMT. B.P. RADHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT TO CONSIDER THE REVISION PETITION FILED BY THE PETITIONER UNDER SECTION 136(3) OF THE
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
- 2 -
NC: 2025:KHC:2291 WP No. 25604 of 2024
KARNATAKA LAND REVENUE ACT, 1964 AT ANNEXURE -G AS WELL AS ANNEXURE -H IN R.P.NO.42/2020 BEFORE THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT/RESPONDENTS AND PASS ORDER IN A TIME.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned AGA is directed to accept notice for the respondent.
2. The petitioner is aggrieved by the inaction on the part of the Deputy Commissioner in adjudicating the revision petition filed under Section 136(3) of the Karnataka Land Revenue Act, 1964. The said revision, registered as R.P.No.42/2020, has been pending
consideration for an inordinate period. Despite the statutory obligation to decide such revisions expeditiously, the delay in this case has caused undue hardship and uncertainty for the petitioner. The prolonged pendency
- 3 -
NC: 2025:KHC:2291 WP No. 25604 of 2024
not only undermines the petitioner’s legitimate expectation of timely justice but also erodes public confidence in the efficacy of the administrative mechanism prescribed under the Act.
3. It is pertinent to note that, though the private contesting party in the pending revision before the Deputy Commissioner has not been arrayed as a respondent in the present writ petition, this Court finds that such non- inclusion does not vitiate the maintainability of the petition. The relief sought herein is limited to a direction to the Deputy Commissioner to dispose of the pending revision petition within a reasonable time frame. As the writ petition does not touch upon the merits of the revision or require the adjudication of any disputes between the petitioner and the private party, the absence of the latter as a party respondent does not render the writ petition defective.
4. Upon examining the records and the circumstances of the case, this Court is convinced that
- 4 -
NC: 2025:KHC:2291 WP No. 25604 of 2024
there has been a significant lapse on the part of the Deputy Commissioner in failing to address the revision petition in a timely manner. The revision under Section 136(3) of the Act has been pending for nearly four years, which is an unreasonably long duration considering the nature of the matter. Such prolonged inaction reflects administrative inefficiency and constitutes a failure to fulfill the duty cast upon the statutory authority. In view of the foregoing, this Court holds that the petitioner has made out a case for issuance of a writ of mandamus directing the Deputy Commissioner to decide the pending revision petition expeditiously.
5. Accordingly, this Court proceeds to pass the following:
ORDER
(i) Writ petition is allowed;
(ii) The respondent/Deputy Commissioner is hereby directed to decide the revision pending in R.P.No.42/2020 in accordance with law;
- 5 -
NC: 2025:KHC:2291 WP No. 25604 of 2024
(iii) Since the matter is kept pending for almost four years, Deputy Commissioner shall ensure that liberty is reserved to the parties to the revision to address their arguments and thereafter proceed to decide the revision in accordance with law;
(iv) This exercise shall be accomplished within a period of two months from the date of receipt of a copy of this order;
(v) The private respondents in the revision shall be notified before deciding the case on merits;
(vi) Learned AGA shall forthwith forward a copy of this order to the Principal Secretary, Revenue Department, Government of Karnataka.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 1 Sl No.: 75