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2025 DAILYLAW 34500 (KAR)

SMT. K DEVARAJA RAO v. THE STATE OF KARNATAKA

WP/31642/2024 · 2025-01-08

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:524 WP No. 31642 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.31642 OF 2024 (KLR-RES) BETWEEN: SRI. K. DEVARAJA RAO S/O LATE KRISHANOJI RAO AGED ABOUT 69 YEARS R/AT I.B. CIRCLE RAMANATHAPURA VILLAGE AND HOBLI ARAKALAGUDU TALUK- 573102 HASSAN DISTRICT …PETITIONER (BY SRI. SHANTAKUMAR K C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST M.S. BUILDINGS, AMBEDKAR VEEDI BENGALURU -560001 2. DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-5731201 3. ASSISTANT COMMISSIONER SAKLESHAPURA SUB-DIVISION SAKLESHAPUR -573134 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:524 WP No. 31642 of 2024 4. TAHSILDAR ARAKALAGUDU TALUK ARAKALAGUDU -573102 HASSAN DISTRICT 5. SRI.KRISHANA S/O LATE LAKSHAMANA @ LAKSHMANA RAO AGE MAJOR I.B. CIRCLE RAMANATHAPURA VILLAGE AND HOBLI ARAKALAGUDU TALUK- 573102 HASSAN DISTRICT …RESPONDENTS (BY SRI.K.MANJUNATHA, HCGP R.1 TO R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 09.08.2024 IN NO.RA139/2022-23, PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-H 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 The petitioner, in the captioned writ petition, is challenging the order passed by respondent No.3 - Assistant Commissioner in an appeal filed under Section 136(2) of the Karnataka Land Revenue Act, 1964 (for short 'Act'). - 3 - NC: 2025:KHC:524 WP No. 31642 of 2024 2. The learned High Court Government Pleader (HCGP) has raised primary objection in regard to maintainability of the writ petition on the ground that the petitioner has remedy of revision under Section 136(3) of the 'Act'. 3. Upholding the objection raised by the learned HCGP, the writ petition is disposed off reserving liberty to the petitioner to avail remedy of revision before respondent No.2 - Deputy Commissioner under Section 136(3) of the 'Act'. 4. If the Revision is filed within a period of four weeks from date of receipt of order copy, respondent No.2 - Deputy Commissioner shall issue notice to all the interested parties and shall ensure that the revision is decided in accordance with law within an outer limit of six months. The time spent before this Court shall be excluded by granting benefit under Section 14 of the Limitation Act. The Registry shall forthwith return all certified copies after securing photocopies of the same. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 25