- 1 - HC-KAR NC: 2025:KHC:19471 WP No. 35855 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.35855 OF 2024 (KLR-CON) BETWEEN: 1. SMT. PREMALATHA V. W/O VENKATARAYA, AGED ABOUT 70 YEARS, RESIDING AT NO. 5618, GOVINDAPPA LAYOUT, BEHIND GANESHA TEMPLE, SUBASHNAGAR, NELAMANGALA 562123. 2. SMT. SUGUNA MISHRA W/O DEEPAK MISHRA, AGED ABOUT 70 YEARS, RESIDING AT NO. C-107, MS PALAZZO, JAKKUR MAIN ROAD, JAKKUR, BENGALURU - 560064. …PETITIONERS (BY SRI. MARUTHI G.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560001. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19471 WP No. 35855 of 2024 2. THE DEPUTY COMMISSIONER BENGALURU NORTH, KG ROAD, SAMPANGI RAMA NAGARA, BENGALURU - 560009. 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION, KG ROAD, SAMPANGI RAMA NAGARA, BENGALURU - 560009. 4. THE TAHASHILDAR BENGALURU NORTH, KG ROAD, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA - 560009. 5. SRI B S MARISHAMAPPA S/O B M SHANKARAPPA, AGED ABOUT 76 YEARS, RESIDING AT NO. 32, GROUND FLOOR, 3RD CROSS, OPPOSITE TO KANVA MART, WIDIA LAYOUT, BENGALURU - 560040. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R4; SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR SRI. K. VIJAYA KUMAR, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM DATED 16/08/2024 BEARING NO. 687815 PASSED BY THE RESPONDENT NO.2 I.E. DEPUTY COMMISSIONER, BENGALURU NORTH, MARKED AT ANNEXURE-A. - 3 - HC-KAR NC: 2025:KHC:19471 WP No. 35855 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER 1. The petitioners are assailing the Official Memorandum dated 16/08/2024 bearing No. 687815 passed by respondent No.2, produced at Annexure-A to the writ petition. 2. Sri. M.R. Rajagopal, learned Senior Counsel appearing on behalf of Sri. K. Vijaya Kumar, learned counsel for respondent No.5 raised preliminary objection with regard to maintainability of the petition and argued that, remedy is available to the petitioners to approach the competent Tribunal under S.49(c) of the Karnataka Land Revenue Act, 1964 and accordingly, sought for dismissal of the petition. 3. Learned Additional Government Advocate argued on similar lines. 4. Having taken note of the arguments advanced by learned counsel appearing for the parties, I have carefully examined the impugned order at Annexure- A, wherein the matter is - 4 - HC-KAR NC: 2025:KHC:19471 WP No. 35855 of 2024 pertaining to deemed conversion of the land in question as per the Notification dated 16.08.2024 (Annexure-K). In that view of the matter, as the statutory remedy is available to the petitioners as per S.49(c) of the Karnataka Land Revenue Act, 1964 and in view of the Order of this Court in the case of "THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD, BANGALORE Vs. Mrs. KANTHA CHANDRA AND OTHERS", reported in AIR 1989 KAR 1, I am of the view that, the writ petition is not maintainable as the petitioner has to exhaust the remedy available under law. 5. With the above observation, the writ petition is disposed of reserving liberty to the petitioner to approach the competent Tribunal for redressal of his grievances. 6. All contentions of the parties are kept open and the period spent by the petitioner before this Court shall be condoned as per Section 14 of the Limitation Act, 1963, in the event of petitioner approaching the competent Tribunal. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 67