- 1 - HC-KAR NC: 2025:KHC:39345-DB WA No. 1628 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1628 OF 2025 (KLR-LG) BETWEEN: 1. SMT MARY ROSE RAMANI ALIAS RAMANI AMARNATH W/O M R AMARNATH AGE 57 YEARS AT NO.77 MIGH KHB COLONY 5TH BLOCK, KORAMANGALA LAYOUT BENGALURU - 560 095 2. PREM KUMAR RAJENDRAN PAUL S/O LATE MAJOR Y S PAUL AGED 55 YEARS NO.226, TRIANGLE ROAD MASSEY WAITAKERE CITY AUCKLAND 0614 NEW ZEALAND REP BY GPA HOLDER MARY ROSE RAMANI …APPELLANTS (BY SRI. N. SUKUMAR JAIN, ADVOCATE) AND: 1. REVENUE DEPARTMENT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39345-DB WA No. 1628 of 2025 VIDAN SOUDHA BANGALURU BY ITS SECRETARY - 560 001 2. DEPUTY COMMISSIONER BANGALURU CITY - 560 001 3. TAHSILDAR BANGALURU NORTH ADDITIONAL TQ YALAHANKA BANGALURU - 560 064 4. DEPUTY POLICE COMMISSIONER CAR NORTH BENGALURU BENGALURU …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) *** THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO A. SET ASIDE THE ORDER DATED 30.08.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.26170/2025, CONSEQUENTLY, B. CONSEQUENTLY, SET ASIDE ORDER LND/NA/CR/115 /2001-02 DT.8.08.2025 MARKED AS ANNEXURE "Q" IN W.P.NO.26170/2025 PASSED BY THE 2ND RESPONDENT AND TO ALLOW THE W.P.NO.26170/2025 IN THE INTEREST OF JUSTICE AND TO PASS ANY OTHER ORDER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:39345-DB WA No. 1628 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned High Court Government Pleader accepts notice for respondents No.1 to 4. 2. The appellants are before this Court, seeking for the following reliefs: "a. Set aside the order dated 30.08.2025 passed by the learned Single Judge in W.P.No.26170/2025, consequently, b. Consequently, set aside order LND/NA/CR/115 /2001-02 dt.8.08.2025 marked as Annexure "Q" in W.P.No.26170/2025 passed by the 2nd respondent and to allow the W.P.No.26170/2025 in the interest of justice and to pass any other order under the facts and circumstances of the case." 3. The appellants are challenging the order dated 30.08.2025, passed by the learned Single Judge in Writ Petition No.26170/2025 (KLR-LG), where under, the learned Single Judge, noticing that there is an appeal remedy available for the appellants, before the Karnataka Appellate Tribunal, in terms of clause (c) of Section 49 of - 4 - HC-KAR NC: 2025:KHC:39345-DB WA No. 1628 of 2025 the Karnataka Land Revenue Act, disposed of the matter. 4. The submission of the learned counsel for the appellants is that the impugned order is not the order in Original, inasmuch as it is an order of grant, which is the order in Original and by way of the impugned order, the order of grant has been revoked and reservation of the road has been deleted and therefore, the same cannot be considered to be an order in Original. 5. We are unable to accept the said submission of the learned counsel for appellants, inasmuch as the grant order is not the order the appellants are aggrieved by. It is this order at Annexure Q that the appellants could be aggrieved which has been passed by the Deputy Commissioner. The Deputy Commissioner, considering that there was public nuisance, has passed the concerned order. - 5 - HC-KAR NC: 2025:KHC:39345-DB WA No. 1628 of 2025 6. In that view of the matter, Annexure Q would be the order in original as regards which the appellants have an alternative, efficacious remedy in terms of clause (c) of Section 49 of the Karnataka Land Revenue Act before the Karnataka Appellate Tribunal, as held by the learned Single Judge. 7. No grounds being made out by the appellants, the appeal stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE Sd/- (RAJESH RAI K) JUDGE BMV* CT-SG List No.: 1 Sl No.: 19