Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 67637 (KAR)

SMT MUNIYAMMA v. THE DEPUTY COMMISSIONER

WP/21052/2025 · 2025-09-18

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:37403 WP No. 21052 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.21052 OF 2025 (KLR-RES) BETWEEN: 1. SMT. MUNIYAMMA W/O. LATE YELLAPPA AGED ABOUT 74 YEARS 2. SEENAPPA S/O. LATE YELLAPPA AGED ABOUT 58 YEARS 3. ASHWATHAPPA S/O. LATE YELLAPPA AGED ABOUT 54 YEARS 4. MUNIYAPPA S/O. LATE YELLAPPA AGED ABOUT 52 YEARS 5. BHEEMANNA S/O. LATE YELLAPPA AGED ABOUT 48 YEARS 6. MUNIYALLAPPA S/O. LATE YELLAPPA AGED ABOUT 44 YEARS 7. VENKATESH S/O. LATE YELLAPPA AGED ABOUT 41 YEARS 8. MUNIANJANI S/O. LATE YELLAPPA Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37403 WP No. 21052 of 2025 AGED ABOUT 39 YEARS 9. KRISHNA S/O. LATE YELLAPPA AGED ABOUT 37 YEARS 10. SMT. RATHNAMMA W/O. ASHWATHAPPA AGED ABOUT 48 YEARS ALL ARE R/A KASAGHATTAPURA VILLAGE SILUVEPURA POST, HESARAGHATTA HOBLI BENGALURU NORTH (ADDI) TALUK BENGALURU DISTRICT - 560 088 …PETITIONERS (BY SRI SACHIN C., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU CITY KANDAYA BHAVAN, K.G. ROAD BENGALURU DISTRICT - 560 001 2. THE TAHSILDAR BENGALURU NORTH ADDL TALUK YELAHANKA BENGALURU - 560 064 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION KANDAYA BHAVAN, K.G. ROAD BENGALURU DISTRICT - 560 001 4. MR. M. N. RAMESH S/O. LATE NARAYANAPPA AGED 46 YEARS 5. MR. JAYARAMU S/O. LATE NARAYANAPPA AGED ABOUT 36 YEARS - 3 - HC-KAR NC: 2025:KHC:37403 WP No. 21052 of 2025 RESPONDENT NOS.4 AND 5 ARE R/AT HOSAHALLI VILLAGE HUNASAMARENAHALLI POST JALA HOBLI, DEVANAHALLI TALUK BENGALURU DISTRICT 6. MR. MANJUNATHA AGED ABOUT 25 YEARS S/O. LATE MR. ANJANAPPA (1ST WIFE SMT. CHANDRAKALA-DEAD) 7. SMT. RATHNAMMA AGED ABOUT 22 YEARS D/O. LATE MR. ANJANAPPA (1ST WIFE SMT. CHANDRAKALA-DEAD) 8. SMT. HEMAVATHI AGED ABOUT 40 YEARS W/O. LATE MR. ANJANAPPA (2ND WIFE-ALIVE) RESPONDENT NOS.6 TO 8 ARE RESIDENTS OF MADHUGIRIHALLI VILLAGE SHIVAKOTE POST, HESARAGHATTA HOBLI BENGALURU - 560 089 9. MR. RAMACHANDRA S/O. LATE MR. CHIKKA MUNISWAMY AGED ABOUT 60 YEARS 10. MR. RAVINDRA S/O. LATE MR. CHIKKA MUNISWAMY AGED ABOUT 60 YEARS 11. MR. SURESH S/O. LATE MR. CHIKKA MUNISWAMY AGED ABOUT 59 YEARS RESPONDENT NOS.9 TO 11 ARE R/A SHIVAKOTE VILLAGE AND POST - 4 - HC-KAR NC: 2025:KHC:37403 WP No. 21052 of 2025 HESARAGHATTA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 089 12. MR. VENKATESH S/O. LATE VENKATARAMIAH AGED ABOUT 48 YEARS 13. MR. ABBIAH S/O. LATE VENKATARAMIAH AGED ABOUT 40 YEARS 14. MR. CHANDRA S/O. LATE VENKATARAMIAH AGED ABOUT 38 YEARS RESPONDENT NOS.12 TO 14 ARE R/A MADHUGIRIHALLI VILLAGE SHIVAKOTE POST, HESARAGHATTA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 089 15. MR. KA. KUMARASWAMY AGED ABOUT 54 YEARS S/O. MR. ANNAPPA S. #22, 4TH CROSS, SAMPANGIRAMIAH LAYOUT SIDEHALLI, NAGASANDRA POST BENGALURU - 73 16. SMT. THAYAMMA W/O. LATE PERUMANNA AGED ABOUT 70 YEARS 17. MR. KRISHNA P. AGED ABOUT 50 YEARS S/O. LATE PERUMANNA 18. MR. RAMESH P. AGED ABOUT 47 YEARS S/O. LATE PERUMANNA - 5 - HC-KAR NC: 2025:KHC:37403 WP No. 21052 of 2025 19. SMT. MANJULA AGED ABOUT 40 YEARS D/O. LATE PERUMANNA RESPONDENT NOS.16 TO 19 ARE RESIDING AT NO.106, YV ANNIAH ROAD YELECHENAHALLI, KANAKPURA ROAD J.P. NAGARA POST BENGALURU-78 …RESPONDENTS (BY SRI V. SESHU, H.C.G.P., FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 04.04.2025 PASSED BY THE 1ST RESPONDENT IN RP NO.336/2021-22 THEREBY DISMISSING THE REVISION PETITION VIDE PRODUCED AS ANNEXURE-A FILED BY THE PETITIONERS AS AGAINST THE ORDER DATED 24.11.2020 PASSED BY THE 3RD RESPONDENT/ASSISTANT COMMISSIONER IN R.A. (BNA) 432/2018, AND CONSEQUENTLY, SET-ASIDE THE ORDER DATED 24.11.2020 PASSED BY THE 3RD RESPONDENT/ASSISTANT COMMISSIONER IN R.A. (BNA) 432/2018, VIDE PRODUCED AS ANNEXURE-B. THIS WRIT PETITION IS 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 3. Notice to other respondents is not necessary for the following reasons. 2. Learned High Court Government Pleader raises a preliminary objection that having regard to the - 6 - HC-KAR NC: 2025:KHC:37403 WP No. 21052 of 2025 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 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 High Court Government Pleader, the writ petition stands dismissed, while reserving liberty to the petitioners to approach the Karnataka Appellate Tribunal. 4. Office is directed to return certified copies/original documents, if any, to the petitioner while retaining a copy of the same for the file 5. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY