- 1 - NC: 2025:KHC:5595 WP No. 35473 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 35473 OF 2024 (GM-RES) BETWEEN: SMT. MANJULA AGED 66 YEARS, W/O LATE B.R. VENKATARAME GOWDA, MADIHALLI VILLAGE, KUNDUR POST, ALUR TALUK, HASSAN DISTRICT - 573 128. …PETITIONER (BY SRI. RAVISHANKAR A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, B M ROAD, HASSAN - 573 201. 3. THE TAHSILDAR DISTRICT MAGISTRATE, ALUR TALUK, ALUR - 573 213. 4. THE DEPUTY TAHSILDAR NADAKACHERI, KENCHANHOSAKOTE, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5595 WP No. 35473 of 2024 BELUR TALUK, HASSAN - 573 115. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, B.M ROAD, SAKALESHPURA - 573 134. …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO RESTORE THE LAND IN SY NO. 8 OF MADIHALLI VILLAGE, KENCHANHOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT, MEASURING 7 ACRES 20 GUNTAS, IN FAVOUR OF THE PETITIONER AND HER CHILDREN BY ACCEPTING THE MONEY WHICH THEY ARE ACTUALLY DUE AFTER SETTING OFF THE AMOUNT CREDITED UNDER THE DEBTS RELIEF SCHEME, BY CONSIDERING ANNEXURE-D, E, F AND OTHER RELIEFS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for all the respondents. 2. Learned counsel for the petitioner submits that the petitioner's husband, late Sri.B.R.Venkatarame Gowda - 3 - NC: 2025:KHC:5595 WP No. 35473 of 2024 S/o Range Gowda, had borrowed a certain amount from the Planters Cooperative Bank Limited, Hassan. On non- payment of the loan amount along with interest, action was taken under the provisions of the Karnataka Co operative Societies Act, 1959. An award was passed decreeing the claim of the Cooperative Bank in a sum of Rs.34,985.60/- towards the Development Loan and Rs.23,869.40/- towards the crop loan, the total sum being Rs.58,855/-. Since the borrower was not able to pay the decreetal amount, action was taken under the provisions of the Karnataka Land Revenue Act, 1964, for recovery of the said amount. When the borrower was still not able to pay the amount, the Deputy Commissioner appears to have cleared the outstanding loan amount to the Co- operative Bank, and a Clearance Certificate dated 08.10.1999 at Annexure-C was given by the Bank to the petitioner. 3. Learned counsel submits that for a sum of Rs.58,855/-, 7 ½ acres of land of coffee plantation have - 4 - NC: 2025:KHC:5595 WP No. 35473 of 2024 been taken away from the petitioner, and therefore, the petitioner is before this Court seeking necessary directions to the 2nd respondent-Deputy Commissioner, Hassan District, to consider the grievance of the petitioner who is ready and willing to repay the said sum of ₹58,855/- along with reasonable interest. It is also contended that the petitioner, being a woman, is entitled to various Debt Relief Schemes of the government, including a sum of Rs.9,185/-. Learned counsel for the petitioner also submits that the petitioner continues to be in possession of the property in question. 4. Having regard to the grievance of the petitioner, this Court is of the considered opinion that the petitioner should be granted liberty to make appropriate representation to respondent No.2-Deptuy Commissioner. If the petitioner is able to pay back the entire amount along with interest, the Deputy Commissioner may consider the case of the petitioner for restoring the lands after collecting the amount in accordance with law. - 5 - NC: 2025:KHC:5595 WP No. 35473 of 2024 5. The petitioner shall give a representation accordingly within a period of two weeks from the date of receipt of a copy of this order. 6. If such a representation is given by the petitioner, the Deputy Commissioner shall consider the same and pass appropriate orders as expeditiously as possible and at any rate within a period of two months from the date of receipt of the application at the hands of the petitioner. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 13 CT: BHK