Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35091 WP No. 24074 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 24074 OF 2025 (KLR-RES) BETWEEN:
SRI D. MUNIYAPPA S/O LATE DEKAPPA AGED ABOUT 81 YEARS R/AT BOMMASANDRA VILLAGE AND POST ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT- 560 099. …PETITIONER (BY SRI. SHIVARAMA BHAT O., ADVOCATE) AND:
1.
THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVAN BENGALURU - 560 009.
3.
THE ASSISTANT COMMISSIONER BENGALURU SOUTH KANDAYA BHAVAN BENGALURU - 560 009.
4.
THE THASILDAR ANEKAL TALUK, ANEKAL TOWN
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35091 WP No. 24074 of 2025
BENGALURU DISTRICT - 562 106.
5.
THE SPECIAL LAND ACQUISITION OFFICER-2 KIADB, NO.14/3, 1ST FLOOR NRUPATHUNGA ROAD MAHARSHI ARVIND BHAVAN C.F.C. BUILDING, NRUPATHUNGA ROAD BENGALURU - 560 001. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR RESPONDENTS NO.1 TO 4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MUTATION ORDER DATED 04.07.2025 PASSED BY THE TAHSILDAR/RESPONDENT NO. 4 IN NO. T1/25-26 VIDE ANNEXURE-A IN RESPECT OF AGRICULTURAL LAND BEARING SY.NO.211 MEASURING 0-34 GUNTAS SITUATED BOMMASANDRA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK AND THE CHANGED R.T.C IN PURSUANCE OF THE IMPUGNED
ORDER VIDE ANNEXURE-A AND B RESPECTIVELY IN SO FAR AS THE PETITIONER IS CONCERNED 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. Sri.P.V.Chandrashekar, learned Counsel, who is present in the Court takes notice for respondent No.5.
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HC-KAR NC: 2025:KHC:35091 WP No. 24074 of 2025
2. Both the learned High Court Government Pleader and learned Counsel for respondent No.5 have raised a preliminary objection that the writ petition is not maintainable since the petitioner is questioning the original
order passed by the Tahsildar under Chapter 11 of the Karnataka Land Revenue Act, 1964. The petitioner will have to approach the Assistant Commissioner questioning the orders passed by the Tahsildar under Section 136(2) of the Act.
3. Learned Counsel for the petitioner however submits that the impugned order has been passed by the Tahsildar without hearing the petitioner and therefore, he should be permitted to press this writ petition.
4. Having heard to the submissions of the learned Counsels and on perusing the petition papers, this Court is of the considered opinion that when alternative and efficacious remedy is available for the petitioner in the form of Section 136(2) of the Act, to raise similar grounds
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HC-KAR NC: 2025:KHC:35091 WP No. 24074 of 2025
before the Assistant Commissioner that the impugned
order has been passed without notice to the petitioner, the petitioner cannot press the hearing of the writ petition.
5. Accordingly, the writ petition stands disposed of reserving liberty to the petitioner to approach the Assistant Commissioner.
6. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.
7. Office to return the original documents/certified copies to the petitioner while retaining a copy of the same for the file.
Sd/- (R DEVDAS) JUDGE
DL