SRI. B. V. JEEVITH HEGGADE v. THE STATE OF KARNATAKA
WP/23802/2025 · 2025-09-09
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55179 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55179 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35865 WP No. 23802 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 23802 OF 2025 (KLR-RR/SUR) BETWEEN:
1.
SRI. B. V. JEEVITH HEGGADE S/O. VASAPPA HEGGEDE, AGED ABOUT 52 YEARS, RESIDING AT. VILLAGE ASHOKANAGARA, POST YEDEHALLI, TALUKU BHADRAVATHI, DISTRICT SHIVAMOGGA - 577 227.
2.
SRI. B.V. SUVITH HEGGADE S/O VASAPPA HEGGADE, AGED ABOUT 52 YEARS, RESIDING AT. VILLAGE ASHOKANAGARA, POST YEDEHALLI, TALUKU BHADRAVATHI, DISTRICT SHIVAMOGGA - 577 227. …PETITIONERS (BY SRI. BALA ARUN KUMAR L, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, DEPUTY COMMISSIONER OFFICE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:35865 WP No. 23802 of 2025 DISTRICT SHIVAMOGGA - 577 201.
3.
THE ASSISTANT COMMISSIONER SUB-DIVISIONAL MAGISTRATE, DISTRICT SHIVAMOGGA - 577 201.
4.
THE TAHSILDHAR AND TALUK MAGISTRATE, TALUKU BHADRAVATHI, DISTRICT SHIVAMOGGA - 577 301.
5.
REVENUE INSPECTOR- HOLEHONNUR HOBLI-III, TALUKU OFFICE OF BHADRAVATHI, TALUKU BHADRAVATHI, DISTRICT SHIVAMOGGA - 577 227.
6.
VILLAGE ACCOUNTANT, YEDEHALLI GRAMA PANCHYATH OFFICE, VILLAGE YEDEHALLI, HOBLI HOLEHONNUR, TALUKU BHADRAVATHI, DISTRICT SHIVAMOGGA - 577 227.
7.
SRI. B.K. LAKSHMANA HEGGADE, S/O KUMAR HEGGADE, MAJOR IN AGE RESIDING AT BHAVIKERE, VILLAGE MEGHARAVALLI, TALUKU THEERTHALLI, DISTRICT SHIVAMOGGA - 577 432.
8.
SRI. GURUPRIYA B.T, S/O THIMAPPA HEGGADE, MAJOR IN AGE RESIDING AT BHAVIKERE,
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HC-KAR NC: 2025:KHC:35865 WP No. 23802 of 2025 VILLAGE MEGHARAVALLI, TALUKU THEERTHALLI, DISTRICT SHIVAMOGGA - 577 432. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 27 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASHING THE IMPUGNED ORDER DATED 31-05-2025 IN RRT/CR/2/68/25 (701904) PASSED BY THE TASHILDHAR BHARAVATHI (RESPONDENT NO-4) (ANNEXURE-A) AND ETC.,
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 High Court Government Pleader takes notice for respondent Nos. 1 to 6. Notice to respondent Nos.7 and 8 is not necessary for the following reasons:
2. Learned High Court Government Pleader has raised a preliminary objection that the petitioners are raising a challenge to an original order passed by the Tahsildar under Chapter XI of the Karnataka Land Revenue Act, 1964 (for short
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HC-KAR NC: 2025:KHC:35865 WP No. 23802 of 2025 'the Act') which is questionable before the Assistant Commissioner under Section 136(2) of the Act.
3.
Learned counsel for the petitioners submits that the
order has been passed by the Tahsildar without notice to the petitioners and the entry of the name of the private respondents herein is barred by limitation.
4. The submission of the learned High Court Government Pleader is upheld. Even if it is the case that notice has not been issued to the petitioners, since an alternative efficacious remedy is available for the petitioners before the Assistant Commissioner, who is also a fact finding authority, the writ petition stands disposed of, reserving liberty to the petitioners to approach the Assistant Commissioner invoking the appeal provision.
5. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.
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HC-KAR NC: 2025:KHC:35865 WP No. 23802 of 2025 Office is hereby directed to return the original/certified copies to the petitioners while retaining a copy of the same for the file. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 2 CT: BHK