- 1 - NC: 2025:KHC:3454 WP No. 34396 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 34396 OF 2024 (KLR-RES) BETWEEN: SHRI. A. S. NANJUNDE GOWDA, S/O LATE SONNE GOWDA, AGED ABOUT 63 YEARS, R/AT ARABIKOTHNUR VILLAGE, KOLAR TALUK - 56120, (NOTE SENIOR CITIZEN BENEFIT NOT CLAIMED). …PETITIONER (BY SRI. SHIVARAMU H C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA BENGALURU -560 001, REP BY ITS SECRETARY. 2. DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563 101. 3. ASSISTANT COMMISSIONER, KOLAR SUB DIVISION, KOLAR - 563 101. …RESPONDENTS (BY SRI MANJUNATH K, HCGP) Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:3454 WP No. 34396 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT DTD 15.11.2023 ISSUED BY THE R-3 (ASST. COMMISSIONER) IN RA NO. 82023 , 15/2023 AND 27/2023 VIDE ANNX-A TO A2 RESPECTIVELY REGARDING THE PROPERTIES BEARING SY NO. 83, SY NO. 89 AND SY NO 101 OF KANIVEHALLI VILLAGE , KASABA HOBLI, MALUR TALUK AS THE SA IS ILLEGAL ARBITRARY AND AGAINST THE PROVISIONS OF LAW. 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 This petition is filed assailing the endorsement issued by the Assistant Commissioner vide Annexures - A, A(1) and A(2), indicating that the petition lands were the subject matter of Land Tribunal Proceedings and therefore, the petitioner has to assail the orders passed by Land Tribunal order in the manner known to law. 2. The Court, upon examining the endorsements, finds that the Assistant Commissioner was justified in refusing to grant any indulgence in the matter. This decision was made after duly considering the fact that Form No.10 had already - 3 - NC: 2025:KHC:3454 WP No. 34396 of 2024 been issued, which explicitly covered the petition land in question. Furthermore, while exercising powers under Sections 128 and 129, the Assistant Commissioner remained cognizant of the limitations of his jurisdiction and, therefore, rightly relegated the petitioner to seek appropriate legal remedies against the relevant orders through proper proceedings. 3. This Court, after a thorough evaluation, concurs with the reasoning adopted by the Assistant Commissioner and holds that no indulgence can be granted at this stage, particularly concerning the mutation of names. However, it is clarified that the endorsement issued by the Assistant Commissioner, followed by the subsequent order passed by this Court, shall not serve as an impediment for the petitioner to challenge the primary order that formed the basis for certifying the mutation subject to law of Limitation. 4. Reserving liberty to the petitioner, the petition stand disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE THM/List No.: 1 Sl No.: 24