- 1 - HC-KAR NC: 2025:KHC:42819 WP No. 29731 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 29731 OF 2025 (KLR-RES) BETWEEN: MR. SUDHAKAR C. S/O SRI CHANNAPPA, AGED ABOUT 37 YEARS, RESIDING AT SURVEY NO.142, KODAGIHALLI GRAMA, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 130. …PETITIONER (BY SRI. R. SHIVCHARAN, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, TUMKUR SUB-DIVISION, TUMKUR DISTRICT - 572 101. 2. THE TAHSILDAR, KUNIGAL TALUK, KUNIGAL - 572 130. 3. SRI. K.V. GIRIGOWDA S/O VENTAKATEGOWDA, MAJOR, R/A KODAGIHALLI, AMRUTHUR HOBLI, KUNIGAL TALUK - 572 130. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 AND R2) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42819 WP No. 29731 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 05.10.2005 PASSED BY RESPONDENT NO.1 IN CASE NUMBER R.A.64/2004-05 (ANNEXURE-A) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned Additional Government Advocate accepts notice for respondents No.1 and 2. 2. The petitioner has called in question the correctness of the order at Annexure-A. It is submitted that the petitioner is a subsequent purchaser but has not been arrayed as a party in the proceedings before the Assistant Commissioner and the order has been passed in his absence. 3. It is noticed that the order passed at Annexure-A is under Section 49 of the Karnataka Land Revenue Act, 1964 (for short 'the Act'). It is noticed that - 3 - HC-KAR NC: 2025:KHC:42819 WP No. 29731 of 2025 as against the order passed under Section 49, a second appeal would lie under Section 50(a) of the Act, to the Deputy Commissioner. In light of the same, the petition is disposed of. All contentions are kept open to be raised by the petitioner by recourse to the appeal proceedings. 4. The Assistant Commissioner not to precipitate the matter for a period of four weeks from today. It is made clear that if no appeal is filed challenging the order of the Assistant Commissioner, the protection granted would stand vacated. Accordingly, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR