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2025 DAILYLAW 54767 (KAR)

SMT. PUSHPAMBIKA v. THE TAHSILDAR

WP/20847/2025 · 2025-08-21

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32716 WP No. 20847 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 20847 OF 2025 (KLR-RES) BETWEEN: SMT. PUSHPAMBIKA W/O LATE OMKARMURHTY, AGED ABOUT 65 YEARS, R/OF AJJANAPALYA VILLAGE, CHIKKENNEGERE HAMLET, ANDANAKERE HOBLI, CHIKKANAYAKANHALLY TALUK, TUMKUR DISTRICT - 572 119 …PETITIONER (BY SMT. J. KALADEEPA, ADVOCTE FOR SRI. PATEEL G.S, ADVOCATE) AND: 1. THE TAHSILDAR CHIKKANAYAKANAHALLY TALUK, C.B. ROAD, CHIKKANAYAKANAHALLY - 572 214. 2. THE REVENUE INSPECTOR, HANDANAKERE HOBLI, CHIKKANAYAKANAHALLY TALUK, TUMKUR DISTRICT - 572 119. 3. SMT. SHANKARAMMA, W/O LATE SHIVANNA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32716 WP No. 20847 of 2025 AGED ABOUT 50 YEARS, R/OF AJJANAPALYA VILLAGE, CHIKKENNEGERE HAMLET, ANDANAKERE HOBLI, CHIKKANAYAKANHALLY TALUK, TUMKUR DISTRICT - 572 119. 4. THE ASSISTANT COMMISSIONER, TIPTUR SUB-DIVISION, B.H. ROAD, TIPTUR, TUMKUR DISTRICT - 572 201. 5. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, SHIRA ROAD, TUMKUR - 572 101. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1, R2, R4 AND R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS. QUASH THE IMPUGNED ORDER DATED 13.9.2024 PASSED BY THE FOURTH RESPONDENT ASSISTANT COMMISSIONER IN CASE.NO. RA.NO.198/2021 ALLOWING THE APPEAL FILED BY THE 3RD RESPONDENT VIDE ANNEXURE-G AND ANOTHER IMPUGNED ORDER DATED 7.4.2025 PASSED BY THE FIFTH RESPONDENT DEPUTY COMMISSIONER IN R.P.NO.182/2024 DISMISSING THE PETITION FILED BY THE PETITIONER VIDE ANNEXURE-J AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS - 3 - HC-KAR NC: 2025:KHC:32716 WP No. 20847 of 2025 ORAL ORDER Learned Additional Government Advocate takes notice for respondents No.1, 2, 4 and 5. Notice to respondent No.3 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. - 4 - HC-KAR NC: 2025:KHC:32716 WP No. 20847 of 2025 4. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE YKL List No.: 1 Sl No.: 31