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2025 DAILYLAW 49381 (KAR)

SRI NANDEESHA P v. THE STATE OF KARNATAKA

WP/28017/2025 · 2025-09-16

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36787 WP No. 28017 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28017 OF 2025 (KLR-RES) BETWEEN: SRI NANDEESHA P S/O PUTTANNA AGED ABOUT 38 YEARS R/AT, BHUGATHAGALLI, VARUNA HOBLI, MYSORE TALUK, MYSORE-570012 …PETITIONER (BY SRI. SANDEEP K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, MS BUILDING, BANGALORE 560001 2. THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE 3. THE ASSISTANT COMMISSIONER MYSORE SUB-DIVISION, MYSORE 4. THE TAHSILDHAR MYSORE TALUK, MYSORE 5. SRI. MAHADEVA S/O, LATE THOTAPPA@THOATADAIAH, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36787 WP No. 28017 of 2025 R/AT, BHUGATHAGALLI, VARUNA HOBLI, MYSORE TALUK, MYSORE-570012 …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R-1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 19.08.2025 IN R.P.NO. 133/2025 BY THE DEPUTY COMMISSIONER, MYSORE, THE R-2 AND THE ORDER DTD 14.02.2025 PASSED IN RA NO. 748/2024 PASSED BY ASSISTANT COMMISSIONER, MYSORE SUB-DIVISION, MYSORE, THE R-3, PRODUCED AT ANNX-A AND B AND DIRECT THE R-2 TO 4 TO MUTATE THE NAMES OF PETITIONER AND HIS FATHER PUTTANNA IN RESPECT OF SY NO. 162/2A MEASURING 2 GUNTAS OF BUGATAGALLI VILLAGE, VARUNA HOBLI, MYSORE TALUK AS PER POSSESSION AND DOCUMENTS. 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 Additional Government Advocate takes notice for respondent Nos.1 to 3. Notice to respondent No.4 is not necessary for the following reasons. 2. Learned Additional Government Advocate 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:36787 WP No. 28017 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 Additional Government Advocate, the writ petition stands dismissed while reserving liberty to the petitioner to 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 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 BMC List No.: 1 Sl No.: 8