- 1 - HC-KAR NC: 2025:KHC:34300 WP No. 20493 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. 20493 OF 2025 (KLR-RES) BETWEEN: SMT. SONIA D M W/O P.B. SUNDRESH AGED ABOUT 45 YEARS RAT KANADUR VILLAGE, AREHALLI HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 115 …PETITIONER (BY SMT. NANDINI B., ADV. FOR SRI. BHARGAV G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REP. BY THE PRINCIPAL REVENUE SECRETARY, VIDHANA SOUDHA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34300 WP No. 20493 of 2025 AMBEDKAR VEEDHI, BENGALURU - 560001 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573201 3. THE ASSISTANT COMMISSIONER SAKALESHPURA SUB-DIVISION, SAKALESHPURA, HASSAN DISTRICT - 573134 4. TAHASILDAR BELUR TALUK, BELUR, HASSAN DISTRICT - 573115 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS; QUASHING ANNX-A DTD 5.06.2025 PASSED BY THE R-3 THE ASST COMMISSIONER SAKALESHPURA - SUB DIVISION VIDE CASE NO.LNDRUC/149/2025 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34300 WP No. 20493 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. Learned Additional Government Advocate raises a preliminary objection that the impugned order is passed by the Assistant Commissioner invoking Rule 108 of the Karnataka Land Revenue Rules, 1966 and Section 94 of the Karnataka Land Revenue Act to cancel the grant made earlier in favour of the petitioner. However, a second appeal remedy is available under Section 50 of the Act, before the Deputy Commissioner. 3. Learned Senior Counsel appearing for the petitioner submits that action has been initiated by the Assistant Commissioner at the instance of the Deputy - 4 - HC-KAR NC: 2025:KHC:34300 WP No. 20493 of 2025 Commissioner and therefore it will be a futile exercise going before the Deputy Commissioner. 4. Even otherwise, it is submitted that if the petitioner is to go before the Deputy Commissioner, interim protection should be given in favour of the petitioner. 5. Having regard to the availability of an efficacious and alternative remedy to the petitioner in terms of Section 50 of the Act, the writ petition stands disposed of, reserving liberty to the petitioner to approach the Deputy Commissioner. However, no precipitative action shall be taken against the petitioner for dispossession or for change of revenue entries for a period of four weeks to enable the petitioner to approach the Deputy Commissioner. If an application for interim order is filed by the petitioner, the Deputy Commissioner shall accordingly - 5 - HC-KAR NC: 2025:KHC:34300 WP No. 20493 of 2025 consider the same and pass necessary orders, protecting the interest of the petitioner till disposal of the appeal. Sd/- (R DEVDAS) JUDGE KG List No.: 1 Sl No.: 24