Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7718 WP No. 25409 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.25409 OF 2024 (KLR-RES)
BETWEEN:
PRASANNA KUMAR K M S/O LATE MUNISHAMAPPA AGED ABOUT 43 YEARS RESIDING AT KANTANKUNTE VILLAGE KASABA HOBLI, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT 562103 …PETITIONER (BY SRI.PUNITH, ADVOCATE FOR SRI.BHASKAR GOWDA N M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING BENGALURU - 560001
2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT 562110
3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA 562103
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:7718 WP No. 25409 of 2024
4. THE TAHSILDAR DODDABALLAPURA TALUK DODDABALLAPURA - 562103 …RESPONDENTS (BY SMT.B.P.RADHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 07.03.2024 PASSED IN CASE NO.LND 01/2024 PASSED BY THE RESPONDENT NO.2/DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT PRODUCED AT ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM:
HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER Heard learned counsel for the petitioner and learned HCGP. 2. Although the order issued by respondent No. 2 – Deputy Commissioner is stated to have been passed under Section 136(3) of the Karnataka Land Revenue Act, this Court is of the opinion that respondent No. 2 has, in fact, exercised the appellate jurisdiction vested under Section
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NC: 2025:KHC:7718 WP No. 25409 of 2024
49 of the Karnataka Land Revenue Act. Consequently, the petitioner has an alternative remedy available by way of an appeal before the Karnataka Appellate Tribunal. As such, this Court is not inclined to grant any relief at this stage. However, liberty is reserved for the petitioner to challenge the order passed by respondent No. 2 – Deputy Commissioner through appropriate legal proceedings as prescribed by law. Accordingly, the present writ petition stands disposed of. The Registry shall forthwith return all the certified copies after securing photocopies of the same.
The time spent before this Court shall be excluded in the event the petitioner prefers an appeal within a period of two weeks from the date of receipt of order copy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 5