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2025 DAILYLAW 32996 (KAR)

SRI. RAJASHEKHARA SHETTY v. THE STATE OF KARNATAKA

WP/25753/2024 · 2025-03-03

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:8988 WP No. 25753 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 25753 OF 2024 (KLR-RES) BETWEEN: SRI. RAJASHEKHARA SHETTY S/O. CHANDRASHEKARA SHETTY AGED ABOUT 45 YEARS, REPRESENTED BY HIS PA HOLDER/FATHER SRI. CHANDRASHEKARA SHETTY S/O. LATE THYAMPANNA SHETTY AGED ABOUT 80 YEARS RESIDENT OF KAMBALA DADDA HOUSE, KOILA VILLAGE AND POST, BANTWAL TALUK, D.K. …PETITIONER (BY SRI. NAIK N.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE. 2. THE DEPUTY COMMISSIONER, MANGALORE, DAKSHINA KANNADA. 3. THE ASSISTANT COMMISSIONER, MANGALORE SUB DIVISION, MANGALORE, DAKSHINA KANNADA. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8988 WP No. 25753 of 2024 4. THE TAHSILDAR, BANTWAL TALUK, DAKSHINA KANNADA. 5. SMT. CELESTINE @CHELLI VEIGUS AGED ABOUT 84 YEARS W/O. LATE LEO VEIGUS RESIDENT OF DERAJE HOUSE, KOILA VILLAGE AND POST, BANTWAL TALUK. 6. SMT GRETTA REGO AGED ABOUT 54 YEARS, D/O LATE LEO VEIGUS ARE RESIDENT OF DERAJE HOUSE, KOILA VILLAGE AND POST, BANTWAL TALUK. 7. SRI DOLPHI VEIGUS AGED ABOUT 58 YEARS, S/O LATE LEO VEIGUS ARE RESIDENT OF DERAJE HOUSE, KOILA VILLAGE AND POST, BANTWAL TALUK. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE R2 IN NO. CDS /RAP/82/21 DATED 16.07.2024 WHICH IS PRODUCED AT ANNEXURE-D BY REJECTING THE ORDER PASSED FOR REMANDING THE R3 FOR FRESH ENQUIRY PENDING BEFORE THE R4, TO SET ASIDE THE ORDER PASSED BY R3 IN CD IS NCR. CR/13/2018-19 DATED 01.10.20, WHICH IS PRODUCED AT ANNEXURE-C IN RESPECT OF 7TH RESPONDENT WHOSE ORDER IS REMAIN FOR ENQUIRY BEFORE THE R4 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:8988 WP No. 25753 of 2024 ORAL ORDER 1. The proceedings were initiated under Section 108(k) of the Karnataka Land Revenue Act, which led to an order passed by the Assistant Commissioner on 01.10.2020 by which the Assistant Commissioner remanded the matter to the Tahsildar for reconsideration. 2. This order of remand was challenged by way of a revision to the Deputy Commissioner and this revision has been dismissed. 3. In my view, since the Assistant Commissioner has only remanded the matter for reconsideration and the same has found favour of the Deputy Commissioner, in my view, there is no justification for entertaining this writ petition under Section 108(k) of the Karnataka Land Revenue Act. 4. This writ petition is therefore dismissed. - 4 - NC: 2025:KHC:8988 WP No. 25753 of 2024 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 11