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2025 DAILYLAW 48366 (KAR)

SMT PARVATHAMMA v. THE STATE OF KARNATAKA

WA/1057/2025 · 2025-12-09

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51916-DB WA No. 1057 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1057 OF 2025 (KLR-RES) BETWEEN: 1. SMT PARVATHAMMA W/O LATE RAMAIAH AGED ABOUT 65 YEARS, R/AT KUNTANAHALLI VILLAGE KASABA HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561204 (REPRESENTED BY HER SPA HOLDER SRI T ANAND) 2. SRI T ANAND S/O LATE THIMMEGOWDA AGED ABOUT 52 YEARS R/AT HUSKUR VILLAGE DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK-561204 …APPELLANTS (BY SRI. KARUNAKARA P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA DR AMBEDKAR VEEDI BANGALORE-560001 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51916-DB WA No. 1057 of 2025 REP BY ITS THE SECRETARY 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA-561204 3. THE TAHSILDAR DODDABALLAPURA TALUK MINI VIDHANA SOUDHA DODDABALLAPURA TOWN BENGALURU RURAL DISTRICT 561204 4. SRI SHIVAKUMARA S/O LATE HANUMAPPA AGED ABOUT 51 YEARS 5. SRI K M MURULI S/O MUNE GOWDA M AGED ABOUT 40 YEARS 6. SRI NARAYANAPPA M S/O LATE MUDDAPPA @ ANJINAPPA AGED ABOUT 72 YEARS 7. SRI BALASUBRAMANYA SWAMY S/O KEMPEGOWDA AGED ABOUT 47 YEARS 8. SRI MUNI KRISHNAPPA S/O LATE NANJUNDAPPA AGED ABOUT 55 YEARS 9. SRI HANUME GOWDA S/O LATE KEMPANNA AGED ABOUT 51 YEARS 10. SRI KEMPE GOWDA S/O LATE RAMAIAH AGED ABOUT 62 YEARS - 3 - HC-KAR NC: 2025:KHC:51916-DB WA No. 1057 of 2025 11. SRI KESHAVA MURTHY S/O MUNEGOWDA M AGED ABOUT 45 YEARS 12. SRI MUDDE GOWDA S/O LATE DODDA MUNIYAPPA AGED ABOUT 50 YEARS 13. SRI CHIKKE GOWDA S/O LATE RAMAIAH AGED ABOUT 52 YEARS 14. SRI THIMMEGOWDA S/O LATE MUTTURAPPA AGED ABOUT 58 YEARS 15. SRI NAGARAJU S/O HANUMANTHARAYAPPA AGED ABOUT 50 YEARS 16. SRI PUTTARAJU S/O LATE RAMAIAH AGED ABOUT 52 YEARS 17. SRI NATARAJU S/O LATE RAMAIAH AGED ABOUT 48 YEARS 18. SRI N RAJANNA S/O LATE NANJUNDAPPA AGED ABOUT 54 YEARS 19. SRI KESHAVA MURTHY S/O LATE MUNI CHANNAPPA AGED ABOUT 45 YEARS 20. SRI RAMAKRISHNAIAH S/O LATE MUNI CHANNAPPA AGED ABOUT 58 YEARS - 4 - HC-KAR NC: 2025:KHC:51916-DB WA No. 1057 of 2025 21. SRI CHENNEGOWDA S/O LATE BAYYANNAPPA AGED ABOUT 62 YEARS 22. SRI KEMPE GOWDA S/O CHANNE GOWDA AGED BOUT 40 YEARS 23. SRI CHANNA KESHAVA S/O CHANNEGOWDA K C AGED ABOUT 37 YEARS 24. SRI KEMPARAJU S/O LATE MUDDAPPA AGED ABOUT 48 YEARS 25. SRI BHAYYANNA S/O LATE MUDDAPPA AGED ABOUT 54 YEARS 26. SRI BHADREGOWDA S/O VEERANNA AGED ABOUT 51 YEARS 27. SRI SRINIVAS S/O APPADAPPA AGED ABOUT 40 YEARS 28. SRI SHIVASHANKARA S/O ANJINAPPA AGED ABOUT 32 YEARS RESPONDENTS No.4 TO 28 ARE R/AT KUNTANAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561204 …RESPONDENTS (BY SRI. K.S. HARISH, GA FOR R1 TO R3) - 5 - HC-KAR NC: 2025:KHC:51916-DB WA No. 1057 of 2025 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE ABOVE WRIT APPEAL SETTING ASIDE ORDER DATED 10/06/2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.8549/20212. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 10.06.2025 passed by the learned Single Judge in W.P. No.8549/2021 (KLR-RES), whereby the learned Single Judge has declined to entertain the said petition on the ground of existence of alternative remedy. 2. The appellants had filed the said petition assailing an order dated 29.03.2021 passed by respondent No.3 [Assistant Commissioner] in Appeal No.R.A.(DU):423/2020. The appellant No.1 who is a widow of one Sri Ramaiah claims that she is entitled to certain lands falling in Survey Nos.68 and 69 of Kuntanahalli Village, Kasaba Hobli, Doddaballapur Taluk, Bengaluru Rural - 6 - HC-KAR NC: 2025:KHC:51916-DB WA No. 1057 of 2025 District as the same were granted to the great grandfather of her deceased husband Sri.Ramaiah. The said lands had been taken over by the Government and the entries in respect to the said lands in the record of rights was changed in favour of the Government. On account of the grantees failing to pay the land revenue, appellant No. 1 has filed application before the Tahsildar for changing the record of rights and entering her name as a right holder and she had further undertaken to pay the outstanding land revenue. The Tahsildar had accepted the same and changed the entries in the record of rights. The said order was subject matter of appeal by other private respondents [respondent Nos.4 to 28]. The said appeal was allowed in terms of the order dated 29.03.2021 passed by the Assistant Commissioner. The said order was impugned by the appellants in the writ petition being W.P. No.8549/ 2021, which was disposed of in terms of the impugned order. 3. In terms of Section 136(3) of the Karnataka Land Revenue Act, 1964 [Act, 1964], the Deputy Commissioner is empowered, on his own motion, or on an application of any party, to call for and examine the records under Sections 127 and 129 of the Act, 1964 and pass such orders that he deems fit. Thus, there is no - 7 - HC-KAR NC: 2025:KHC:51916-DB WA No. 1057 of 2025 impediment for the appellants to invoke the powers of the Deputy Commissioner in respect to the restoration of entries in the record of rights made in favour of the Government pursuant to the orders passed by the Assistant Commissioner. 4. In view of the above, we find no infirmity with the impugned order declining to entertain the Writ Appeal on the ground of existence of an alternate remedy. 5. Appeal is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 10