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2025 DAILYLAW 69551 (KAR)

SMT. SHAKUNTALA v. STATE OF KARNATAKA

WP/26879/2025 · 2025-09-10

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35824 WP No. 26879 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26879 OF 2025 (KLR-RES) BETWEEN: SMT. SHAKUNTALA D/O CHIKKA MUNIYAPPA, W/O NARAYANASWAMY, AGED ABOUT 51 YEARS, RESIDING AT NO 182, SHIVAKOTE, BANGALORE NORTH - 560 089. …PETITIONER (BY SRI. RAGHUNANDAN S, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, MS BUILDING, AMBEDKAR VEEDI, REP BY PRINCIPAL SECRETARY BANGALORE - 560 001. 2. THE ASSISTANT COMMISSIONER, BANGALORE NORTH - SUB-DIVISION KANDHAYA BHAVAN BANGALORE URBAN DISTRICT BENGALURU - 560 009. 3. THE TAHSILDAR BANGALORE NORTH TALUK, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35824 WP No. 26879 of 2025 YELAHANKA NEW TOWN, BANGALORE - 560 097 4. SRI. THIMMARAYAPPA S/O LATE MUNISHAMAIAH, AGED ABOUT 70 YEARS, RESIDENT OF GADENAHALLI VILLAGE, JALA HOBLI, YELAHANKA TALUK, BANGALORE - 560 064 5. SRI. VELUSWAMY S/O PALANI SWAMY AGED ABOUT 43 YEARS RESIDING AT NO 4/20, 5TH CROSS ROAD, GANESHA BLOCK, RT NAGAR, BANGALORE - 560 032 6. SRI.MANJUNATH. M.R S/O RAMAIAH AGED ABOUT 43 YEARS, RESIDING AT NO 20/5 4TH CROSS ROAD, GANESHA BLOCK, RT NAGAR, BANGALORE - 560 032 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 AUTHORITIES TO CONSIDER THE REPRESENTATIONS DTD. 08.11.2024 GIVEN BY THE PETITIONER VIDE ANNX-A AND B. - 3 - HC-KAR NC: 2025:KHC:35824 WP No. 26879 of 2025 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 Additional Government Advocate takes notice for respondent nos. 1 to 3. Notice to other respondents is not necessary for the following reasons. 2. The petitioner is seeking a writ of mandamus directing the Tahsildar, Bangalore North Taluk, the Assistant Commissioner, Bangalore North Sub-Division and the Deputy Commissioner, Bangalore Urban District to take action for cancellation of the grant made in favour of respondent No.4 in the year 2004. 3. Learned Additional Government Advocate has raised a preliminary objection that for cancellation of a grant made in favour of a person, action will have to be - 4 - HC-KAR NC: 2025:KHC:35824 WP No. 26879 of 2025 taken only in accordance with law either at the instance of aggrieved person or suo-motu powers available for the competent authority. Learned AGA would therefore submit that if the petitioner is aggrieved, the petitioner may be directed to file an appeal in accordance with law seeking cancellation of the grant. 4. There is substance in the submission made by the learned AGA. If the petitioner is aggrieved by any grant made in favour of respondent No.4 and the petitioner is personally aggrieved, then the petitioner may file an appeal in accordance with law seeking cancellation of the grant. No such direction can be issued to the respondent authorities to cancel the grant. Accordingly, the writ petition stands disposed of. Sd/- (R DEVDAS) JUDGE GJM List No.: 1 Sl No.: 9 CT: BHK