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2025 DAILYLAW 51435 (KAR)

SRI. H. A. MANCHAIAH v. THE STATE OF KARNATAKA

WP/28065/2025 · 2025-09-16

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36791 WP No. 28065 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. 28065 OF 2025 (KLR-RES) BETWEEN: SRI. H. A. MANCHAIAH S/O. LATE APPE GOWDA, AGED ABOUT 71 YEARS, R/O HITTANAHALLI VILLAGE, KIRAGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. …PETITIONER (BY SRI. RAMESH N.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, K.R. CIRCLE, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA-571 401. 3. THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA-571 401. 4. THE TAHASILDAR, MALAVALLI TALUK, MALAVALLI-571 430, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36791 WP No. 28065 of 2025 MANDYA DISTRICT. 5. THE REVENUE INSPECTOR, KIRUGAVALU II CIRCLE, MALAVALLI TALUK, MALAVALLI-571 430, MANDYA DISTRICT. 6. SRI. BOMME GOWDA, S/O. LATE KARIGOWDA, AGED ABOUT 80 YEARS, 7. SRL. H.M. NIRANJAN, S/O. LATE K. MARISWAMY, AGED ABOUT 43 YEARS, (MADDUR TALUK SURVEYOR), 8. SRL. H.M. VEERAPPA, S/O. NATHE GOWDA @ CHIKKABOKLEGOWDA, AGED ABOUT 61 YEARS, 9. SRI. H.M. PUTTE GOWDA, S/O. LATE ERE GOWDA, AGED ABOUT 73 YEARS, 10. SRI. ERE GOWDA, S/O. CHINNAMARIGOWDA @ EREGOWDA, AGED ABOUT 68 YEARS, 11. SRI. PUTTASWAMY, S/O. ERE GOWDA, AGED ABOUT 64 YEARS, 12. SMT. LAKSHMAMMA, W/O. LATE BASAVE GOWDA SON OF EREGOWDA, AGED ABOUT 48 YEARS, - 3 - HC-KAR NC: 2025:KHC:36791 WP No. 28065 of 2025 13. SRI. H.E. APPE GOWDA, S/O. ERE GOWDA @ DODDABOKALEGOWDA, AGED ABOUT 43 YEARS, 14. SRI. MANCHE GOWDA @ DODDAGANDU, S/O. ERE GOWDA, AGED ABOUT 78 YEARS, 15. SRI. H.E. SHIVA KUMAR, S/O. LATE ERE GOWDA, AGED ABOUT 66 YEARS, RESPONDENT NO.6 TO 15 ARE RESIDENTS OF HITTANAHALLI VILLAGE, KIRAGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 424. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS FROM THE OFFICE OF THE RESPONDENT NO.2 AND 3 IN CASE NO. R.P.NO.197/2022 AND IN CASE NO.R.MIS.88/2010-11 RESPECTIVELY AND ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION THEREBY QUASHING THE ORDER DATED 28.01.2025 PASSED IN CASE NO. R.P.197/2022 BY THE RESPONDENT NO.2, VIDE ANNEXURE - A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:36791 WP No. 28065 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondents Nos.1 to 5. Notice to respondent Nos.6 and 15 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 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. - 5 - HC-KAR NC: 2025:KHC:36791 WP No. 28065 of 2025 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.: 14