Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 35496 (KAR)

SAVITHRAMMA v. STATE OF KARNATAKA

WP/32940/2024 · 2025-07-01

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:23293 WP NO.32940 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.32940 OF 2024 (KLR-RES) BETWEEN: SAVITHRAMMA W/O LATE YALLAKISWAMI AGED ABOUT 64 YEARS, R/AT NO.1792, 7TH CROSS ROAD, HALLAHALLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. …PETITIONER (BY SRI. V.B. RAVISHANKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER MANDYA TALUK, MANDYA DISTRICT - 571 401. 3. THE TAHASILDHAR MANDYA TALUK, MANDYA DISTRICT - 571 401. 4. THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS, MANDYA DISTRICT, MANDYA - 570 001. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23293 WP NO.32940 OF 2024 5. THE REVENUE INSPECTOR KOTHATHI-II HOBLI, KOTHATHI, MANDYA TALUK - 571 401. 6. H.B. YASHODA W/O J. SHEKAPPA AGE: MAJOR, R/AT HALLAHALLI, MANDYA - 571 401. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 10TH JANUARY, 2024 PASSED BY THE RESPONDENT NO.2-ASSISTANT COMMISSIONER INSOFAR AS THE PETITIONER IS CONCERNED VIDE ANNEXURE-A; DIRECT THE RESPONDENT NO.3 TO ANNUL THE ENTRIES MADE ON THE BASIS OF THE IMPUGNED ORDER AND RESTORE THE ENTIRES IN RTC AS IT STOOD BEFORE 10TH JANUARY, 2024; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S. INDIRESH ORAL ORDER Smt. Navya Shekhar, learned Additional Government Advocate accepts notice for respondents 1 to 5. - 3 - HC-KAR NC: 2025:KHC:23293 WP NO.32940 OF 2024 2. In this writ petition, the petitioner is assailing the order dated 10th January, 2024 (Annexure-A) passed by the respondent No.2; inter alia sought for direction to the respondent No.3 to change the entries made on the basis of the impugned order and restore the entries in RTC extracts as it stood before 10th January, 2024 in respect of the schedule property. 3. Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents 1 to 5 raised preliminary objection with regard to maintainability of the writ petition on the ground that the petitioner is having efficacious remedy under Section 136(3) of the Karnataka Land Revenue Act, 1964. 4. In that view of the matter, without expressing any opinion on merits of the case, the petitioner is relegated to approach the revisional authority under Section 136(3) of the Karnataka Land Revenue Act, 1964. If the petitioner approaches the revisional authority as stated above, the revisional authority shall condone the time spent by the petitioner before this Court. - 4 - HC-KAR NC: 2025:KHC:23293 WP NO.32940 OF 2024 5. It is also made clear that , if the petitioner files application, seeking stay of impugned order dated 10th January, 2024 (Annexure-A) passed by the respondent No.2, the revisional authority shall consider the same, within an outer limit of one week from the date of application. With this observation, writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 32