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2025 DAILYLAW 35756 (KAR)

SMT. BHARATHI v. STATE OF KARNATAKA

WP/32995/2024 · 2025-01-29

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:3992 WP No. 32995 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 32995 OF 2024 (KLR-RES) BETWEEN: 1. SMT. BHARATHI D/O SANJEEVA SOODA, AGED ABOUT 61 YEARS, R/AT, 1/66 KEREMANE, @ KEREBETTU VILLAGE, HEBRI TALUK, UDUPI DISTRICT-576 112. 2. SMT. PRAMODHA SHETTY, D/O SANJEEVA SOODA, AGED ABOUT 50 YEARS. BOTH THE PETITIONER'S ARE REPRESENTED BY ITS G.P.A HOLDER K.SANJEEVA SHETTY, AGED ABOUT 70 YEARS, S/O GOPAL SHETTY, RESIDING AT, 1/66, KEREMANE, KEREBETTU VILLAGE, HEBRI TALUK, UDUPI DISTRICT- 576 112. …PETITIONERS (BY SRI. RAMESHCHANDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001. Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3992 WP No. 32995 of 2024 2. DEPUTY COMMISSIONER, UDUPI DISTRICT, RAJATHADRI, MANIPAL, UDUPI-576 104. 3. JOINT DIRECTOR DISTRICT INDUSTRY CENTRE UDUPI, MANIPAL, UDUPI DISTRICT-576 104. 4. THE TAHSILDAR, HEBRI TALUK, UDUPI DISTRICT-576 112. 5. THE PANCHAYATH DEVELOPMENT OFFICER, SHIVAPURA GRAMA PANCHAYATH, HEBRI TALUK, UDUPI DISTRICT - 576 112. 6. SMT. YESHADA BAI AGED ABOUT 65 YEARS, W/O LATE VITALANAYAK, KEREBETTU VILLAGE, KARKALA TALUK (OLD) HEBRI TALUK (NEW) UDUPI DISTRICT-576 112. 7. PRESIDENT, LAND TRIBUNAL, HEBRI TALUK 576 112. …RESPONDENTS (BY SMT. B.P.RADHA, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AS PER ANNEXURE-A DATED 24.11.2008 IN NO.CDS/LNA/CR/104/2008-2009(16820), PASSED BY THE SECOND RESPONDENT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:3992 WP No. 32995 of 2024 ORAL ORDER In the caption petition, the petitioners are assailing the conversion order dated 24.11.2008 with the following prayers: i. "To quash as per Annexure-A dated 24.11.2008 in No.CDS:LNA:CR:104/2008-2009 (16820) passed by the second respondent. ii. Direct the 7th respondent to rectify the sketch as per their entitlement. iii. Award court costs and such other reliefs as the Hon'ble Court deems fit to grant in the interest of justice." 2. In the second prayer, the petitioner has raised a challenge to the survey conducted by the Tahsildar, which is evidenced by the document annexed as Annexure-B2. The petitioner appears to question the validity and correctness of the said survey. However, it is pertinent to note that the conversion order in respect of the subject property was issued as far back as the year 2008. Given this fact, the petitioner has an alternative and efficacious remedy available under the statutory framework, specifically by way of an appeal before the Karnataka Appellate Tribunal. Similarly, with regard to the first prayer sought in the writ petition, this Court finds that - 4 - NC: 2025:KHC:3992 WP No. 32995 of 2024 it also cannot be entertained in the exercise of its extraordinary jurisdiction, as the petitioners have a efficious remedy under Section 49 of the Karnataka Land Revenue Act, 1964. The availability of such an appellate mechanism precludes the necessity for interference by this Court at this stage. In view of these considerations, both prayers sought in the present writ petition are not maintainable before this Court. However, in the interest of justice, liberty is reserved to the petitioners to avail themselves of their statutory remedies and approach the Appellate Tribunal in the manner known to law. With these observations and the reservation of liberty to the petitioners, the writ petition stands disposed of. 3. Registry to forthwith return all the certified copies after securing photocopy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE