Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1225 WP No. 34826 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 34826 OF 2024 (KLR-RES) BETWEEN:
SRI. L.R. MANJUNATHA, S/O RUDRAPPA, AGE ABOUT 55 YEARS, AGRICULTURIST, R/O ARABILACHI, VADDARAHATTI, ARABILACHI POST, BHADRAVATHI TALUK - 577 301. …PETITIONER (BY SRI. K. SHYAMSUNDAR, ADVOCATE) AND:
1.
THE ASSISTANT COMMISSIONER, SHIVAMOGGA SUB DIVISION, SHIVAMOGGA - 577 201.
2.
THE TAHSILDAR, BHADRAVATHI TALUK, BHADRAVATHI - 577 301.
3.
THE REVENUE INSPECTOR, HOLEHONNUR-III HOBLI, BHADRAVATHI TALUK - 577 301.
4.
SRI. MANI S, S/O. GANESH @ GANESHAPA, AGED ABOUT 65 YEARS, R/O. SANTHEKADURU, Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:1225 WP No. 34826 of 2024 SHIVAMOGGA TALUK - 577 201. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 TO R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE R-1 VIDE CASE NO. PDA 393/2022 (RD0050000436907) ON 19.01.2024 AS PER ANNX-A BY ALLOWING THE ABOVE WRIT PETITION 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
In the present petition, the petitioner challenges the
order passed by the Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as "the Act"). The primary grievance raised is that the Assistant Commissioner entertained and allowed an appeal that was filed after an inordinate delay of 20 years, without duly considering the delay or the reasons for condoning it. Upon examining the matter, this Court is of the opinion that the order passed
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NC: 2025:KHC:1225 WP No. 34826 of 2024 by the Assistant Commissioner under Section 136(2) of the Act is subject to revision under Section 136(3) of the Act before the Deputy Commissioner. Therefore, the petitioner is at liberty to challenge the impugned order before the Deputy Commissioner, as provided under the statutory framework of the Act. In light of this observation and reserving such liberty to the petitioner, the present petition stands disposed of.
All contentions are kept open.
The plea of limitation is available to the petitioner; he shall raise it before the Deputy Commissioner while filing a revision.
Registry to forthwith return all certified copies after securing photocopies. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 19 CT: BHK