Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 40379 (KAR)

KANCHANA v. DEPUTY COMMISSIONER

WP/18353/2025 · 2025-09-02

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:34296 WP No. 18353 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 18353 OF 2025 (KLR-RES) BETWEEN: KANCHANA D/O LATE RATHNAMMA AGED ABOUT 32 YEARS R/AT PARANE HOUSE, BAMBILA, PALTHADY VILLAGE, PUTUR TALUK, DAKSHINA KANNADA DISTRICT - 574 212. …PETITIONER (BY SRI. SACHIN B S., ADVOCATE) AND: 1. DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT-574212. 2. ASSISTANT COMMISSIONER PUTTUR, DAKSHINA KANNADA DISTRICT-574212. 3. TAHSILDAR PUTTUR, DAKSHINA KANNADA DISTRICT-574212. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34296 WP No. 18353 of 2025 4. PADMA PRASAD ARIGA S/O LATE SANNACHANDAYYA ARIGA R/AT BAMBILA, PALTHADY VILLAGE PUTTUR TALUK, DASHINA KANNADA DISTRICT-574212. 5. MITHRA JAIN W/O VIJAY KUMAR R/AT BAMBILA, PALTHADY VILLAGE PUTTUR TALUK, DAKSHINA KANNADA DISTRICT 6. DIVYASHREE JAIN D/O VIJAY KUMAR R/AT BAMBILA, PALTHADY VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574212. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE IMPUGNED ORDER DATED 04.04.2025 IN NO. RAP. 08 OF 2024 PASSED BY THE RESPONDENT NO. 4 AS PER ANNEXURE-A, AND CONSEQUENTLY ALLOW THE REVISION PETITION FILED BY THE PETITIONER IN RAP. NO. 08 OF 2024 VIDE ANNX-G AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. II) ISSUE ANY OTHER WRIT OR ORDER OR DIRECTION WHICH THE HONBLE COURT DEEMS FIT TO GRANT ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34296 WP No. 18353 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondents No.1 to 3. Notice to other respondent is not necessary for the following reasons: 2. Learned Additional Government Advocate has raised a preliminary objection that having regard to the amendment brought to Section 136(1) of the Karnataka Land Revenue Act, 1964, w.e.f., 10.01.2025, the petitioner will have to approach the Karnataka Revenue Appellate Tribunal questioning the impugned order passed by the Deputy Commissioner under Section 136(3) of the Act. 3. Upholding the submissions made by the learned Additional Government Advocate, the writ petition stands dismissed while reserving liberty to the petitioner to - 4 - HC-KAR NC: 2025:KHC:34296 WP No. 18353 of 2025 approach the Karnataka Appellate Tribunal. However, the respondents are hereby directed not to take any precipitative action for a period of four weeks to enable the petitioner approach the Karnataka Appellate Tribunal. 4. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. 5. Office to return the original documents/certified copies, if any, to the petitioner while retaining a copy of the same for the file. Sd/- (R DEVDAS) JUDGE KG List No.: 1 Sl No.: 20