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2025 DAILYLAW 56162 (KAR)

SMT LAKSHMAMMA v. THE STATE OF KARNATAKA

WP/21742/2025 · 2025-08-21

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32715 WP No. 21742 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. 21742 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT. LAKSHMAMMA D/O LATE DODDAVENKATARAYAPPA W/O LATE RAMAKRISHNAPP AGED ABOUT 56 YEARS R/AT LAKSHMISAGARA VILLAGE SUGUTURU POST KOLAR TALUK AND DISTRICT - 563 133. 2. SMT. N. SUDHARANI, D/O LATE NARAYANAPPA W/O V. BALAKRISHNA AGED ABOUT 28 YEARS, R/AT POTHALAPALLI VILLAGE, CHAGAVERU POST, S/O LATE. MALLEMUSAL HINDUPUR TALUK, ANANTHPUR DISTRICT ANDHRAPRADESH - 515 201. 3. SMT. ASHWINI W/O VENKATARAM, AGED ABOUT 19 YEARS RESIDING AT UPPUKUNTE VILLAGE SAGUTURU HOBLI KOLAR TALUK AND DISTRICT - 563 101. …PETITIONERS (BY SRI. V. SHIVAKUMAR, ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32715 WP No. 21742 of 2025 AND: 1. THE STATE OF KARNATAKA REP. BY PRL. SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA - 562 101. 3. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA DIVISION OFFICE OF THE ASST. COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA - 562 101. 4. THE TAHASILDAR, CHIKKABALLAPURA TALUK OFFICE OF THE TAHSILDAR CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA - 562 101. 5. SRI NAGARAJ S/O NARAYANAPPA AGED ABOUT 53 YEARS R/AT DODDAPYALAGURKI VILLAGE KASABA HOBLI CHIKKABALLAPUR TALUK AND DIST. - 562 101. …RESPONDENTS (BY SRI. SESHU V, HCGP FOR R1 TO R4; SRI. RUDRESH H.B, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS A WRIT OF - 3 - HC-KAR NC: 2025:KHC:32715 WP No. 21742 of 2025 CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER VIZ., ORDER DATED 28-04- 2025 PASSED BY THE RESPONDENT NO.2- THE DY. COMMISSIONER, CHIKKABALLAPURA DISTRICT, IN CASE NO. R.A. 124/2024-25, AT ANNX-T OF ALLOWING THE SAID REVISION APPEAL PREFERRED BY THE RESPONDENT NO. 5 HEREIN AND SET ASIDE OF THE ORDER DTD. 22-11-2024 IN R.A(CHIKKA) 883/2024-25 OF THE RESPONDENT NO. 3 AT ANNX-Q AND CONSEQUENTLY DIRECTING THE TAHASILDAR TO MAKE REVENUE ENTRIES IN FAVOUR OF THE RESPONDENT NO. 5 RELATING TO THE SCHEDULE PROPERTY LEFT BEHIND BY LATE DODDAVENKATARAYAPPA, CONSEQUENTLY CONFIRM THE ORDERS OF THE RESPONDENS 3 AND 4 BY ALLOWING THIS WRIT PETITION 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 respondents No.1 to 4. Learned Counsel Sri. Rudresh H B, has entered appearance for respondent No.5. 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 petitioners will have to approach the Karnataka Revenue - 4 - HC-KAR NC: 2025:KHC:32715 WP No. 21742 of 2025 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. Certified copies furnished by the petitioner shall be returned while retaining the copy of the records. 4. Learned High Court Government Pleader 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.: 33