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HC-KAR NC: 2025:KHC:30401 WP No. 20515 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 20515 OF 2025 (KLR-RES)
BETWEEN:
1. SRI. AJAY M C., SON OF LATE PANKAJA AND LATE M.V. CHANDRASHEKAR, AGED ABOUT 50 YEARS, PRESENTLY AT NO. 2672, 118TH CIR NE BLAINE, MN 55449 UNITED STATES OF AMERICA. 2. SMT. ASHWINI M.C DAUGHTER OF LATE PANKAJA AND LATE M.V. CHANDRASHEKAR, AGED ABOUT 47 YEARS,
PRESENTLY AT NO. 2406 JOHNSON CIR, BRIDGEWATER, NEW JERSEY 08807, UNITED STATES OF AMERICA. BOTH ARE PERMANENT RESIDENT AT DOOR NO. 514/E, 3RD MAIN, MARUTHI TEMPLE STREET, KUVEMPU NAGARA, MYSURU - 570 023. BOTH THE PETITIONERS ARE REP. BY THEIR SPA HOLDER MR. MOHAMMED ABBA SAIT, AGED ABOUT 32 YEARS, SON OF MR. A.R. MOIEN SAIT, RESIDING AT NO. 21, KSRTC BLOCK, BANNIMANTAPPA 'C' LAYOUT,
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
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MYSURU - 570 015. …PETITIONERS (BY SRI. KRISHNA MURTHY V, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER OFFICE, GIRIBHOVIPALYA, SIDDARTHANAGAR, MYSURU - 570 011. 2. THE ASSISTANT COMMISSIONER, MYSURU SUB DIVISION, OFFICE AT ROOM NO. 10, SUB-DIVISIONAL MAGISTRATE, MYSURU - 570 005. 3. SMT. G.S. PRABHA, WIFE OF G. SRINIVASALU, AGED ABOUT 57 YEARS, RESIDING AT MATHRU NILAYA, OPPOSITE GOVERNMENT COLLEGE, CHITHRADURGA ROAD, CHALLEKERE, CHITHRADURGA - 577 522. 4. SRI. SURESH BABU, SON OF LATE D.R. SHIVARUDRAPPA, AGED ABOUT 68 YEARS, RESIDING AT 2ND MAIN, 3RD CROSS, BVKN LAYOUT, CHANDRAVALLI NAGARA, CHITHRADURGA - 577 501. RESPONDENT NO. 2 AND 3 ARE REP. BY THEIR GPA HOLDER SRI SRINIVASALU, SON OF GUNDAPPA, RESIDING AT MATHRU NILAYA, OPPOSITE GOVERNMENT COLLEGE, CHITHRADURGA ROAD, CHALLEKERE, CHITHRADURGA - 577 522. - 3 -
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5. SRI. DINESH KUMAR, SON OF LATE. NARASIMHAIAH, AGED ABOUT 55 YEARS, RESIDING AT NO. 3957/2, 2ND CROSS, ANNAMMA TEMPLE ROAD, GANDINAGARA, MYSURU - 570 007. 6. SRI. RAVI KUMAR, SON OF LATE. NARASIMHAIAH, AGED ABOUT 49 YEARS, RESIDING AT NO.3957/2, 2ND CROSS, ANNAMMA TEMPLE ROAD, GANDINAGARA, MYSURU - 570 007. 7. SMT. MAHADEVAMMA, WIFE OF SRI. BASAVARAJU, AGED ABOUT 59 YEARS,
8. SRI. MARIDEVU @ PANJU SON OF SRI. BASAVARAJU, AGED ABOUT 49 YEARS,
9. SMT. PUSHPAKUMARI DAUGHTER OF SRI. BASAVARAJU, AGED ABOUT 51 YEARS,
10. SMT.
SAROJAMMA WIFE OF SRI. M. R. MARIYAPPA, AGED ABOUT 54 YEARS,
11. SRI. BASAVANNA SON OF SRI. MARIYAPPA @ MARAYYA, AGED ABOUT 37 YEARS,
12. SMT. KAVYA SHREE DAUGHTER OF SRI. MARIYAPPA @ MARAYYA, AGED ABOUT 31 YEARS,
RESPONDENTS NO.7 TO 12 ARE RESIDING AT NO. 38, MODEL HOUSE,
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MAHADEVAPURA MAIN ROAD, GANDINAGARA, MYSURU - 570 007. SMT. LAKSHMAMMA WIFE OF LATE LAKKAYYA, SINCE DEAD REPRESENTED BY HER LRS. 13. SRI. HANUMANTHA, AGED ABOUT 69 YEARS, SON OF LATE LAKKAYYA,
14. SMT. PADMA. L AGED ABOUT 67 YEARS, DAUGHTER OF LATE LAKKAYYA,
15. SRI. NAGARAJU. L AGED ABOUT 64 YEARS, SON OF LATE LAKKAYYA,
16. SMT. SAVITHRI. L AGED ABOUT 61 YEARS, DAUGHTER OF LATE LAKKAYYA,
17. SMT. RUKMINI. L, AGED ABOUT 56 YEARS, DAUGHTER OF LATE LAKKAYYA,
18. SMT. JAYALAKSHMI. L, AGED ABOUT 53 YEARS, DAUGHTER OF LATE LAKKAYYA,
19. SRI. L. HEMACHANDRA, AGED ABOUT 51 YEARS, SON OF LATE LAKKAYYA,
20. SMT. LEELAVATHI SURESH L, AGED ABOUT 46 YEARS, DAUGHTER OF LATE LAKKAYYA,
21. SRI. RAJASHEKAR M. L,
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AGED ABOUT 44 YEARS, SON OF LATE LAKKAYYA,
22. SMT. L. LALITHA, AGED ABOUT 43 YEARS, DAUGHTER OF LATE LAKKAYYA,
RESPONDENTS NO.13 TO 22 ARE RESIDING AT NO. L/4, 2ND CROSS, MAHADEVAPURA ROAD, GANDINAGARA, MYSURU - 570 007. 23. SMT. NIRMALA, WIFE OF LATE. BALATH RAJ, AGED ABOUT 50 YEARS,
24. SMT. APOORVA, DAUGHTER OF LATE. BALATH RAJ, AGED ABOUT 27 YEARS,
25. SRI. VISHWAS, SON OF LATE BALATH RAJ, AGED ABOUT 25 YEARS,
26. SMT. NISARGA, DAUGHTER OF LATE. BALATH RAJ, AGED ABOUT 21 YEARS,
RESPONDENT NO.23 TO 26 ARE RESIDING AT NO. 45/C, 10TH CROSS, RAJENDRA NAGARA, KESARE, MYSURU - 570 007. MAHADEVA, SON OF LATE.
BORAIAH, SINCE DECEASED REPRESENTED BY HIS LR'S.
CHINNAMMA, WIFE OF LATE BORAIAH, SINCE DECEASED REPRESENTED BY HER LR'S.
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SL. NO. 27 TO 31 ARE LR'S OF BOTH LATE MAHADEVA AND LATE CHINNAMMA ARE:
27. SMT. UMA RANGASWAMI, DAUGHTER OF LATE. MAHADEVA, AGED ABOUT 52 YEARS. 28. SMT. GIRIJA, DAUGHTER OF LATE. MAHADEVA, AGED ABOUT 48 YEARS. 29. SMT. M. SHOBHA, DAUGHTER OF LATE. MAHADEVA, AGED ABOUT 43 YEARS. 30. SMT. LEELA, DAUGHTER OF LATE. MAHADEVA, AGED ABOUT 42 YEARS. 31. SRI. MANJUNATHA, SON OF LATE. MAHADEVA, AGED ABOUT 52 YEARS. RESPONDENTS AT SL. NO. 27 TO 31 ARE RESIDING AT NO.115, A,J BLOCK, NR MOHALLA, MYSURU - 570 007. SMT. THIMMAMMA WIFE OF LATE. CHIKKAIAH @ CHIKKANNA, SINCE DECEASED REPRESENTED BY HER LR'S
32. SRI. SHIVANNA, SON OF LATE. CHIKKANNA, AGED ABOUT 60 YEARS, RESIDENT OF NEAR BETHAL SCHOOL, YARAGANAHALLI, MYSURU - 570 010. 33. SMT. PUTTAMADAMMA, WIFE OF CHENNAPPA, DAUGHTER OF LATE. CHIKKANNA,
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AGED ABOUT 58 YEARS, RESIDING AT NO. 322, THALAKADU, K.R. SAGAR, HOSAGANAHALLI, MANDYA DISTRICT - 571 455. 34. SRI. SEENA, SON OF LATE. CHIKKAIAH, AGED ABOUT 56 YEARS, RESIDING AT NO. 4492, 6TH CROSS, A.J. BLOCK, N.R. MOHALA, MYSURU - 570 007. 35. SMT. LAKSHMAMMA @ CHIKKALAKSHMAMMA, WIFE OF SRI. GOVINDA, DAUGHTER OF LATE. CHIKKANNA, AGED ABOUT 54 YEARS, RESIDING AT NO. 4492, 6TH CROSS, A.J. BLOCK, N.R. MOHALA, MYSURU - 570 007. 36. SMT. LAKSHMAMMA @ DODDALAKSHMAMMA, WIFE OF MARIYAPPA, DAUGHTER OF LATE. CHIKKANNA, AGED ABOUT 53 YEARS, RESIDING AT NO. 20/2, C.V. ROAD, BANNIMANTAPPA, MANDI MAHAL ROAD, MYSURU - 570 015. 37. SMT. SAROJA, WIFE OF SRI. BYRA, DAUGHTER OF LATE. CHIKKANNA, AGED ABOUT 51 YEARS, RESIDENT OF YARAGANAHALLI, KASABA HOBLI, MYSURU - 570 011. MADAMMA, WIFE OF LATE.
NANJALAH, SINCE DECEASED REPRESENTED BY HER LR'S
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38. SRI. RACHALAH, SON OF LATE NANJAIAH AND LATE. MADAMMA, AGED ABOUT 80 YEARS, RESIDING AT HOSABEEDI EXTENSION, NR MOHALLA, MYSURU - 570 007. 39. SMT. JAYAMMA, WIFE OF SRI. RACHAIAH, AGED ABOUT 65 YEARS,
40. SMT. SHASHIKALA R, DAUGHTER OF SRI. RACHAIAH, AGED ABOUT 42 YEARS,
41. SMT. RAJESHWARI R, DAUGHTER OF SRI. RACHAIAH, AGED ABOUT 39 YEARS,
42. SRI. PRAVEEN KUMAR R, SON OF SRL. RACHALAH, AGED ABOUT 35 YEARS
43. SMT. CHANDRAMMA, DAUGHTER OF LATE MADAMMA WIFE OF LATE NINGARAJU, AGED ABOUT 65 YEARS,
RESPONDENTS AT SL. NO. 39 TO 43 ARE RESIDENT OF HOSABEEDI EXTENSION, NR MOHALLA, MYSURU - 570 007. 44. SRI. NANJAMMA, DAUGHTER OF SMT. NANJAMMA, AGED ABOUT 68 YEARS,
45. SMT. NAGAMMA, DAUGHTER OF SMT. NANJAMMA, AGED ABOUT 66 YEARS,
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46. SMT. RAJAMMA, DAUGHTER OF SMT. NANJAMMA, AGED ABOUT 64 YEARS,
47. SMT. MANJULA DAUGHTER OF SMT. NANJAMMA, AGED ABOUT 62 YEARS,
RESPONDENTS SL. NO. 44 TO 47 ARE RESIDING AT NO. 4/1, 7TH CROSS, RAJENDRA NAGARA, MYSURU - 570 007. 48. SMT. CHANDRAMMA. WIFE OF LATE PUTTAMADAIAH, AGED ABOUT 77 YEARS,
49. SRI. CHANDRASHEKAR SON OF LATE. PUTTAMADAIAH, AGED ABOUT 63 YEARS,
50. SMT. MANJULA, DAUGHTER OF LATE. PUTTAMADAIAH, AGED ABOUT 61 YEARS,
SRI. SHIVAMADAPPA, SON OF LATE. PUTTAMADAIAH, SINCE DECEASED REPRESENTED BY HIS LR
51. SRI. VAIBHAV S, SON OF LATE. SHIVAMADAPPA, AGED ABOUT 21 YEARS, RESIDING AT NO.857, AMBEDKARA NAGARA, BELAGOLA, SRIRANGAPATTANA TALUK, BELAGOLA, MANDYA - 571 606. 52. SRI. MAHESH, SON OF LATE. PUTTAMADAIAH, AGED ABOUT 57 YEARS,
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53. SRI. SHIVASWAMI, SON OF LATE. PUTTAMADAIAH, AGED ABOUT 55 YEARS,
54. SRI. NAGAMALAI, SON OF LATE. PUTTAMADAIAH, AGED ABOUT 52 YEARS,
55. SRI MADESHA SON OF LATE. PUTTAMADAIAH, AGED ABOUT 47 YEARS,
56.
SRI. MARIDEVARU, SON OF LATE. PUTTAMADAIAH AGED ABOUT 45 YEARS,
57. SRI. MUTTU, SON OF LATE. PUTTAMADAIAH, AGED ABOUT 43 YEARS,
58. SMT. GEETHAMANI, DAUGHTER OF LATE. PUTTAMADAIAH, AGED ABOUT 41 YEARS,
59. SRI. MALLU, S SON OF LATE. PUTTAMADAIAH, AGED ABOUT 39 YEARS,
RESPONDENTS DL. NO. 48 TO 50 AND 52 TO 59 ARE RESIDING AT NO.340, 4TH CROSS, MALLESHWARA NAGARA, UDAYAGIRI, MYSURU - 570 019. 60. SRI. RAMAIAH, SON OF LATE SIDDANNA, AGED ABOUT 72 YEARS,
61. SMT. BHAGYAMMA, WIFE OF SRI. PRASAD, AGED ABOUT 52 YEARS
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62. SRI. PRAKASH, SON OF PRASAD, AGED ABOUT 41 YEARS,
63. SMT. LOKESHWARI, DAUGHTER OF SRI. PRASAD, AGED ABOUT 39 YEARS,
64. SMT. GEETHA, DAUGHTER OF SRI. PRASAD, AGED ABOUT 37 YEARS,
65. SRI. KUMARA SWAMY, SON OF SRI. PRASAD, AGED ABOUT 35 YEARS,
RESPONDENTS SL. NO. 60 TO 65 ARE RESIDING AT NO. 3959, ANNAMMA TEMPLE ROAD, 2ND CROSS, GANDINAGARA, MYSURU - 570 007. SMT. SIDDAMMA, WIFE OF LATE. SIDDAIAH, SINCE DECEASED REPRESENTED BY HER LR'S
66. SMT. NIRMALA, WIFE OF LATE. BALATH RAJ, DAUGHTER-IN-LAW OF LATE SIDDAMMA, AGED ABOUT 50 YEARS,
67. SMT. APOORVA, DAUGHTER OF LATE. BALATH RAJ, GRAND DAUGHTER OF LATE SIDDAMMA, AGED ABOUT 27 YEARS,
68. SRI. VISHWAS, SON OF LATE BALATH RAJ, GRAND SON OF LATE SIDDAMMA, AGED ABOUT 25 YEARS,
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69. SMT. NISARGA, DAUGHTER OF LATE. BALATH RAJ, GRAND DAUGHTER OF LATE SIDDAMMA, AGED ABOUT 21 YEARS,
RESPONDENT NO. 66 TO 69 ARE RESIDING AT NO. 45/C, 10TH CROSS, RAJENDRA NAGARA, KESARE, MYSURU - 570 007. 70. SMT. JAYAMMA, WIFE OF LATE. RAMAKRISHNA, AGED ABOUT 75 YEARS,
71. SMT. INDRANI, DAUGHTER OF LATE. RAMAKRISHNA, AGED ABOUT 52 YEARS,
RESPONDENTS NO.70 TO 71 ARE RESIDING AT NO.3989 L.22, ANNAMMA TEMPLE ROAD, 1ST MAIN ROAD, GANDINAGARA, MYSURU - 570 007. 72.
THE TAHSILDHAR MYSURU TALUK, AT THE "HIGH VIEW" BUILDING ON VINOBA ROAD, OPPOSITE KALAMANDIR, MYSURU - 570 005. …RESPONDENTS (BY SRI. SESHU V, HCGP FOR R1, R2 & 72;
SMT. APARNA N, ADVOCATE FOR SMT. G.K. BHAVAN, ADVOCATE FOR R3 AND R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. QUASH THE IMPUGNED ORDER PASSED BY THE SECOND RESPONDENT, THE ASSISTANT COMMISSIONER, MYSURU SUB DIVISION, IN RA NO. 339/2021 DATED 25.01.2024, (ANNEXURE-A) AND ETC.,
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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 respondents Nos.1, 2 and
72.
Learned counsel, Ms.G.K.Bhavana, has entered appearance for contesting respondent Nos.3 and 4. Notice to respondent Nos.5 to 71 may not be necessary for the following reasons.
2.
Learned counsel for the petitioners submits that by virtue of the orders passed by the Assistant Commissioner at Annexure-A dated 25.01.2024, for the first time directions were issued to the Tahsildar to enter the names of those persons who were granted occupancy rights at the hands of the Land Tribunal. Learned counsel submits that the Land Tribunal is said to have passed an order on 07.08.1981 and nothing is said about the delay and laches on the part of the respondents herein, who sought entry of their names pursuant to an order passed by the Land Tribunal in the year, 1981. Learned counsel submits that the petitioners were residing in the United States of America and they were not aware of the subsequent
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developments. The petitioners are seeking to raise a challenge to the said order passed by the Land Tribunal, which, even otherwise, does not contain any details of the extent of land conferring occupancy rights in respect of the applicants therein. That being the position, the Deputy Commissioner has failed to notice these factual discrepancies and should have set aside the
order of the Assistant Commissioner while directing the parties to approach the Land Tribunal to get a clarification regarding the extent of lands where occupancy rights were conferred in respect of the applicants.
3. Per contra, learned counsel Ms.Aparna, appearing for respondent Nos.3 and 4 submits that by virtue of the amendment brought to subsection 1 of Section 136 of the Karnataka Land Revenue Act, 1961 (for short, 'the Act') by Act No. 6/2025, which came into effect from 10.01.2025, an appeal remedy is provided to challenge an order passed by the Deputy Commissioner under Section 136(3) of the Act. Learned counsel would therefore submit that the writ petition may be dismissed on this ground while directing the petitioners to approach the Tribunal.
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4. At this juncture, learned counsel for the petitioners would request for an interim order of stay in respect of the impugned orders while granting reasonable time to the petitioners to approach the tribunal.
5. Consequently, the writ petition stands disposed of, granting liberty to the petitioners to approach the Karnataka Appellate Tribunal. However, for a period of eight weeks there shall be an interim order of stay of the impugned orders at Annexures-A and B to enable the petitioners to move the Tribunal by filing an appeal.
6. The Tribunal shall consider the time spent by the petitioners before this Court while considering an application for condonation of delay.
Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE
rv CT: BHK