- 1 - NC: 2025:KHC:894 WP No. 20971 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 20971 OF 2021 (KLR-RES) BETWEEN: SRI. RAJEEVA SHETTY, S/O LATE THEJAPPA SHETTY, AGED ABOUT 61 YEARS, R/AT KELANGADI MANE, KUKKENAHALLI VILLAGE AND POST, UDUPI TALUK AND DISTRICT - 576 101. …PETITIONER (BY SRI. HAREESH BHANDARY T, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, MULTI STORIED BUILDING, BENGALURU - 560 001. 2. THE LAND TRIBUNAL II, BY ITS SECRETARY, UDUPI TALUK OFFICE, UDUPI - 576 101. 3. THE ASSISTANT COMMISSIONER, KUNDAPURA SUB DIVISION, KUNDAPURA - 576 201. 4. THE SPECIAL TAHASILDAR, BRAMHAVARA - 576 213. 5. THE REVENUE INSPECTOR, BRAMHAVARA - 576 213. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:894 WP No. 20971 of 2021 6. SRI. KAANTHU HANDA, AGED ABOUT 66 YEARS, S/O LATE JOGAPPA HANDA, R/AT "SUREKHA NILAYA", KELANGADI, KUKKENAHALLI VILLAGE AND POST UDUPI TALUK AND DISTRICT - 576 101. 7. SRI. SHRINIVAS KULAL, AGED ABOUT 62 YEARS, S/O LATE JOGAPPA HANDA, R/AT "SUREKHA NILAYA" KELANGADI, KUKKENAHALLI VILLAGE AND POST UDUPI TALUK AND DISTRICT - 576 101. 8. SRI. APPU KULAL, AGED ABOUT 58 EARS, S/O LATE JOGAPPA HANDA, R/AT "SUREKHA NIILAYA", KELANGADI, KUKKENAHALLI VILLAGE AND POST, UDUPI TALUK AND DISTRICT - 576 101. 9. SMT. SUSHEELA HANDTHI, AGED ABOUT 56 YEARS, D/O LATE JOGAPPA HANDA, R/AT "SUREKHA NIILAYA", KELANGADI, KUKKENAHALLI VILLAGE AND POST UDUPI TALUK AND DISTRICT - 576 101. 10. SMT. LEELA HANDTHI, AGED ABOUT 54 YEARS, D/O LATE JOGAPPA HANDA, R/AT "SUREKHA NIILAYA", KELANGADI, KUKKENAHALLI VILLAGE AND POST, UDUPI TALUK AND DISTRICT - 576 101. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS FROM THE OFFICE OF THE R3 RESULTED IN PASSING OF ORDER ANNEXURE-B DATED 27.08.2015 MADE IN RRT (2) SR/973/2014-15 BY THE R3 AND ETC., - 3 - NC: 2025:KHC:894 WP No. 20971 of 2021 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner, who is placing reliance on a Land Tribunal order, is aggrieved by the order passed by respondent No.3-Assistant Commissioner, as per Annexure-B and the consequent mutation in favour of the private respondents. The petitioner contends that the grant of occupancy rights in favour of the petitioners is much earlier in point of time and therefore, the private respondents will not get any right based on a subsequent Land Tribunal order. 2. Since the order under challenge has to be challenged by way of a revision under Section 136(3) of the Karnataka Land Revenue Act, 1964, before the Deputy Commissioner, this court is not inclined to grant any indulgence. - 4 - NC: 2025:KHC:894 WP No. 20971 of 2021 3. Reserving liberty to challenge the order of the Assistant Commissioner in accordance with law, the writ petition stands disposed of. 4. The petitioner shall be entitled to the benefit of Section 14 of the Limitation Act in the event a revision is filed within a period of four weeks from the date of receipt of the order copy. 5. Registry to forthwith return all the certified copies after securing a photo copy. 6. In the event a revision is filed before the Deputy Commissioner, the Deputy Commissioner shall pass appropriate orders in accordance with law after notifying all the interested parties within an outer limit of eight months. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 1 CT: BHK