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2025 DAILYLAW 41753 (KAR)

SRI. S. RAJAPPA v. THE DEPUTY COMMISSIONER

WP/11522/2025 · 2025-08-23

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33223 WP No. 11522 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 11522 OF 2025 (KLR-RES) BETWEEN: SRI. S. RAJAPPA S/O LATE SANNAPPA, MAJOR R/AT SIDDAIAHNAHUNDI VILLAGE, KASABA HOBLI, NANJANGUD TALUK, MYSURU DISTRICT - 571 125. …PETITIONER (BY SRI. KUMARA K.G, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU - 570 011. 2. THE ASSISTANT COMMISSIONER, MYSURU SUB-DIVISION, MYSURU DISTRICT - 570 011. 3. THE TAHSILDAR NANJANGUD TALUK, MYSURU DISTRICT - 570 301. 4. SRI. BASAVARAJU, S/O LATE SHAMBULINGAPPA, MAJOR BY AGE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33223 WP No. 11522 of 2025 5. SRI. RAMAPPA S/O LATE SHAMBULINGAPPA, MAJOR BY AGE, 4 AND 5 RESIDING AT HUSKUR VILLAGE, HULLAHALLI HOBLI, NANJANGUD TALUK, NANJANGUD - 571 304. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DTD 21.01.2025 PASSED BY THE R-1 IN R.P NO. 120/2023 (ANNX-A) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondents Nos.1 to 3. Notice to respondent Nos.4 and 5 is not necessary for the following reasons. 2. Learned High Court Government Pleader raises 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 - 3 - HC-KAR NC: 2025:KHC:33223 WP No. 11522 of 2025 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 High Court Government Pleader, the writ petition stands dismissed while reserving liberty to the petitioner to approach the Karnataka Appellate Tribunal. 4. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Office is hereby directed to return the original/certified copies to the petitioner while retaining a copy of the same for the file. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 15 CT: BHK