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2025 DAILYLAW 37144 (KAR)

NARAYANA NAIK v. THE PRINCIPAL SECRETARY

WP/35381/2024 · 2025-01-28

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:3959 WP No. 35381 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.35381 OF 2024 (KLR-RES) BETWEEN: NARAYANA NAIK S/O MANJA NAIK AGED ABOUT 71 YEARS RESIDING AT RATTADI VILLAGE & POST KUNDAPURA HOBLI KUNDAPURA TALUK UDUPI DISTSRICT. …PETITIONER (BY SRI. NAGARAJA B., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY REGENUE DEPARTMENT M S BUIIDLIGN DR AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER KUNDAPURA SUB DIVISION KUNDAPURA UDUPIT DISTRICT. 3. THE TAHASILDAR KUNDAPURA TALUK KUNDAPURA UDUPI DISTRICT. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:3959 WP No. 35381 of 2024 4. THE LAND TRIBUNAL KUNDAPURA TALUK KUNDAPURA UDUPI DISTARICT. 5. DIVAKARA SHETTY S/O LATE GULABI SHEDTHI NADAMBURU RATTADI VILLAGE KUNDAPURA TALUK UDUPI DISTRICT. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NO. CDS R D 0050000292623/RA 899/2020 DATED 16.02.2024 PASSED BY THE RESPONDENT NO.2 i.e., THE ASSISTANT COMMISSIONER, KUNDAPURA SUB- DIVISION, KUNDAPUR UDUPI DISTRICT PRODUCED AT ANNX- A; 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 assailing the order of the Assistant Commissioner passed under Section 136(2) of the Karnataka Land Revenue Act, 1964 (for short 'the Act'). - 3 - NC: 2025:KHC:3959 WP No. 35381 of 2024 2. Petitioner has a remedy of revision under section 136(3) of the Act. Without exhausting the remedy provided under the Act, petitioner has approached this Court under Article 227. This Court is not inclined to grant any indulgence at this juncture. This is a fit case where petitioner needs to be relegated to avail remedy of revision. 3. Reserving liberty to the petitioner to approach the Deputy Commissioner, captioned petition is disposed of. Registry to forthwith return all certified copies after securing photocopy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 32