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2025 DAILYLAW 33369 (KAR)

GULABI M v. STATE OF KARNATAKA

WP/23704/2022 · 2025-06-23

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21781 WP NO.23704 OF 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.23704 OF 2022 (KLR-RES) BETWEEN: GULABI M. AGED ABOUT 74 YEARS, RESIDING AT: NO.2-93, BEHIND VILLAGE ACCOUNTANT'S OFFICE, NEAR JAIN BASADI, HOSABETTU, PADOOR POST, KAUP TALUK UDUPI DISTRICT - 574 106. …PETITIONER (BY SRI. SUDESH KUMAR ACHARYA U., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS REVENUE DEPARTMENT M.S. BUILDING, BENGALURU - 560 001. REP. BY THE SECRETARY. 2. THE DEPUTY COMMISSIONER RAJATADRI, MANIPAL, UDUPI DISTRICT - 576 104. 3. THE TAHSILDAR KAUP TALUK, KAUP, UDUPI DISTRICT - 574 106. 4. MAJUR GRAMA PANCHAYATH MAJUR, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21781 WP NO.23704 OF 2022 KAUP TALUK, UDUPI DISTRICT - 574 106. REP. BY ITS PANCHAYATH DEVELOPMENT OFFICER. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R3; SRI. ASHOK N. NAYAK, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS DATED 24TH NOVEMBER, 2021 PASSED BY THE RESPONDENT NO.2-DEPUTY COMMISSIONER, UDUPI DISTRICT VIDE ANNEXURES 'A' AND 'B' AND TO DECLARE THE SAME AS ILLEGAL AND UNSUSTAINABLE UNDER LAW INSOFAR AS THE PETITIONER IS CONCERND; QUASH THE IMPUGNED PROCEEDINGS DATED 11TH MAY, 2022 PASSED BY THE RESPONDENT NO.2-DEPUTY COMMISSIONER, UDUPI DISTRICT VIDE ANNEXURE-W AND TO DECLARE THE SAME AS UNCONDITIONAL, UNENFORCEABLE AND ILLEGAL INSOFAR AS THE PETITIONER IS CONCERND; DIRECT THE RESPONDENT NO.3 TO CONDUCT AN ENQUIRY UNDER THE KARNATAKA LAND REVENUE ACT / KARNATAKA LAND GRANT RULES TO DISPOSE OF THE FORM NO.50 AND FORM NO.53 SUBMITTED BY THE PETITIONER AND HER MOTHER LATE SHARADA BAI IN A MANNER KNOWN TO LAW IN RESPECT OF THE SCHEDULE LAND INSOFAR AS THE PETITIONER IS CONCERNED; 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 assailing the orders dated 24th November, 2021 (Annexures 'A' and 'B') and 11th May, 2022 (Annexure-W) passed by the respondent No.2- Deputy Commissioner, Udupi District. - 3 - HC-KAR NC: 2025:KHC:21781 WP NO.23704 OF 2022 2. Sri. Manjunath K., learned High Court Government Pleader raised preliminary objection with regard to maintainability of the petition. In this regard, learned High Court Government Pleader submitted that, the impugned orders have been passed in pursuant to the Section 94B and Section 71 of the Karnataka Land Revenue Act, 1964 and as such, the petitioner is having an efficacious remedy before the competent Tribunal to challenge the impugned orders. 3. In that view of the matter, without expressing any opinion on merits of the case, petitioner is directed to approach the competent Tribunal for redressal of her grievance. If the petitioner approaches the competent Tribunal within three weeks from the date of receipt of this order, the competent Tribunal shall condone the time spent by the petitioner before this Court in the present petition. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 22