- 1 - NC: 2025:KHC:1639 WP No. 36367 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 36367 OF 2024 (KLR-RES) BETWEEN: SMT. SOWBHAGYA, D/O. LAKSHMAN, AGED ABOUT 61 YEARS, R/AT SY.NO.120, BALANKATTE, KASABA HOBLI, BEHIND RUDRAIAH CHOULTRY, TUMKUR DISTRICT - 571 112. …PETITIONER (BY SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR SMT. SUNTIHA B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, KOLAR - 571 112. 3. THE ASSISTANT COMMISSIONER, TUMKUR SUB DIVISION, TUMKUR - 571 112. 4. THE TAHSILDAR, TUMKUR TALUK, TUMKUR DISTRICT - 571 112. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1639 WP No. 36367 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS, DIRECTING THE R3 ASSISTANT COMMISSIONER, TUMKURU SUB-DIVISION, TUMKUR TO CONSIDER THE REPRESENTATION DATED 23.09.22 AT ANNX-G 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 The captioned petition is filed feeling aggrieved by the inaction on the part of respondent No.3-Assistant Commissioner, in not disposing of the appeal filed in LND.CR:01:2022-23 initiated under rule 108d of the Karnataka Land Revenue Rules, 1964 as per Annexure-H. 2. Learned AGA, on instructions, submits that since respondent No.3-Assistant Commissioner, needs some information from Tumkur Corporation he is not in a position to dispose of the appeal in accordance with law. 3. This Court is not inclined to accede to the said arguments. It is stated across the bar that the matter is - 3 - NC: 2025:KHC:1639 WP No. 36367 of 2024 posted for order in 2022 and respondent No.3-Assistant Commissioner, is yet to dispose of the appeal on merits. The case on hand clearly reflects complete laxness on the part of respondent No.3-Assistant Commissioner. These proceedings under the provisions of the Land Revenue Act are summary proceedings and the revenue authorities have to ensure that these appeals are decided summarily at the earliest. The revenue authorities under the garb of securing information cannot keep these appeals pending indefinitely. If such a recourse is accepted and permitted, that would seriously prejudice the rights of the citizens, and they would be left remediless. Therefore, this is a fit case where a mandamus lies. 4. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; ii. Respondent No.3-Assistant Commissioner, is hereby directed to dispose of the appeal on - 4 - NC: 2025:KHC:1639 WP No. 36367 of 2024 merits after notifying the parties and affording opportunity to address fresh arguments; iii. Since parties are represented by counsel, the petitioner, without expecting further notice, shall appear before respondent No.3-Assistant Commissioner, on 03.02.2025; iv. From there onwards, respondent No.3-Assistant Commissioner, shall ensure that the appeal is disposed of within a period of three months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 32 CT: BHK