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2025 DAILYLAW 42058 (KAR)

SMT. CHAVALI BAI v. THE DEPUTY COMMISSIONER,

WP/25359/2025 · 2025-08-21

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32690 WP No. 25359 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25359 OF 2025 (KLR-RES) BETWEEN: SMT. CHAVALI BAI W/O LATE SWAMY NAIK, AGED ABOUT 68 YEARS, R/A LAKSHMIPURA VILLAGE, HOSAHALLI POST, SHIVAMOGGA 577202. …PETITIONER (BY SRI. C. ANANTHA KUMAR., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA. – 577202 2. ASSISTANT DIRECTOR OF LAND RECORDS SHIVAMOGGA DISTRICT, SHIVAMOGGA. – 577202 3. THE TAHASILDHAR, SHIVAMOGGA DISTRICT, SHIVAMOGGA. – 577202 4. THE ASSISTANT COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA. - 5772025. 5. SRI. S.RAMASWAMY, S/O SUBRAYA AVADANI, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32690 WP No. 25359 of 2025 AGED ABOUT 70 YEARS, R/A HOSAHALLI POST, SHIVAMOGGA DISTRICT SHIVAMOGGA- 577202. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE WRIT OF LIKE NATURE AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE R1, DEPUTY COMMISSIONER, SHIMOGES DISTRICT, IN R.A.NO.103/2024 DATED 03-04-2025 AT ANNEXURE-K AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondents No.1 to 4. 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 - 3 - HC-KAR NC: 2025:KHC:32690 WP No. 25359 of 2025 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 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 to the petitioner while retaining a copy of the same for the file. Sd/- (R DEVDAS) JUDGE DL CT: JL