- 1 - HC-KAR NC: 2025:KHC-D:8417 WP No. 104355 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104355 OF 2025 (KLR-RR/SUR) BETWEEN: MAULABI W/O. LATE RAJESAB, BY HER POWER OF ATTORNEY HOLDER, HUSSAINSAB S/O. LATE RAJESAB, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. YERDONA CAMP, TQ: KARATAGI, DIST: KOPPAL-583229. …PETITIONER (BY SRI. SADIQI N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-01. 2. THE DEPUTY COMMISSIONER, KOPPAL, DIST: KOPPAL-583231. 3. THE ASSISTANT COMMISSIONER, KOPPAL, DIST: KOPPAL-583231. 4. THE TAHSILDAR, KARATAGI, DIST: KOPPAL-583231. 5. VATIKOTI BHASKAR RAO S/O. ADENA RAYANA, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. YERDONA CAMP, TQ. KARATAGI, DIST: KOPPAL-583229. 6. HUSENBI W/O. MAULASAB PINJAR, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. YERDONA CAMP, TQ: KARATAGI, DIST: KOPPAL-583229. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R4) VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8417 WP No. 104355 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 14.12.2023 PASSED BY RESPONDENT NO.3 IN NO. RRT:APPEAL:131/2022-23/6722 VIDE ANNEXURE-F AND CONSEQUENTLY QUASH ALL FURTHER PROCEEDINGS IN PURSUANCE OF THE IMPUGNED NOTICE DATED 04.06.2025 IN NO. REVENUE/PA.THI/206/2024-25 VIDE ANNEXURE-G, IN SO FAR AS SY.NO.213/2 MEASURING 24 GUNTAS, SY.NO.213/3 MEASURING 1 ACRE 5 GUNTAS SITUATED AT YERDONA CAMP, TQ: KARATAGI, DIST: KOPPAL AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard the learned counsel for the petitioner and the learned AGA for respondent Nos.1 to 4. 2. Learned counsel for the petitioner has questioned the impugned order dated 14.12.2023 passed by respondent No.3 vide annexure-F. 3. Learned AGA representing the State contends that the petition is not maintainable for the reason that the impugned order is passed under Section 136(2) of the Karnataka Land Revenue Act and any order challenging the - 3 - HC-KAR NC: 2025:KHC-D:8417 WP No. 104355 of 2025 same would have to be filed before the appropriate Authority i.e., the Deputy Commissioner under Section 136(3) of the Act (hereinafter referred to as ‘the Act’, for short) which is not done and the petitioner has approached this Court without exhausting the alternative efficacious remedy available to her. 4. Learned counsel for the petitioner contends that the petitioner is an old lady and in view of the impugned order passed, she may be affected and dispossessed from the property. 5. Under the circumstance, this Court is on the opinion that, once the order is amenable to challenge under Section 136(3) of the Act, this Court, in normal circumstances, would not entertain the petition. However, considering the fact that the petitioner is an old lady and she may incur some hardship due to the impugned order, slight indulgence is shown to the petitioner till she approaches appropriate authority. - 4 - HC-KAR NC: 2025:KHC-D:8417 WP No. 104355 of 2025 6. Accordingly, I pass the following order: i. This petition is disposed of. ii. The petitioner is given liberty to challenge this order before the Deputy Commissioner under Section 136(3) of the Act within two weeks. iii. In the meanwhile, no precipitative action shall be taken with regard to the property belonging to the petitioner morefully described in the impugned order at Annexure-F. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK