- 1 - HC-KAR NC: 2025:KHC:37535 WP No. 25182 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25182 OF 2025 (KLR-RES) BETWEEN: M BASAVAIAH AGED ABOUT 61 YEARS, S/O. LATE MARIYANNA, R/O. SHIVAPURA VILLAGE, KIBBANAHALLI HOBLI, KONDLIGATTA POST, TIPATUR TALUK, TUMKURU- 572 114 …PETITIONER (BY SRI. PRABHUGOUDA B. TUMBIGI.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001 2. THE DEPUTY COMMISSIONER TUMKURU MINI VIDHANA SOUDHA, TUMKURU, TUMKURU DISTRICT-572101 3. THE ASSISTANT COMMISSIONER TIPTUR SUB-DIVISION, TIPTUR, TUMKURU DISTRICT-572201 4. THE TAHASILDAR, TIPTUR TALUK, TIPTUR, TUMKURU DISTRICT-572201 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37535 WP No. 25182 of 2025 5. THE LAND GRANT COMMITTEE TALUK OFFICE, REP BY ITS TAHASILDAR, TIPTUR, TUMKURU DISTRICT-572201 …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-(I) ISSUE WRIT OF CERTIORARI TO QUASH THE COMPLAINT DATED 04.10.2024 PLACING THE SAME BEFORE THE 3RD RESPONDENT BY THE 4TH RESPONDENT WITHOUT JURISDICTION PROVIDE ANNEXURE-A AS IT IS ILLEGAL, IN THE INTEREST OF JUSTICE 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 all the respondents. 2. Learned High Court Government Pleader raises a primary objection that the petitioner is raising a challenge to an order passed by the Assistant Commissioner under the provisions of Section 49 of the - 3 - HC-KAR NC: 2025:KHC:37535 WP No. 25182 of 2025 Karnataka Land Revenue Act, 1964 (for short, 'the Act') read with Rule 108K of the Karnataka Land Revenue Rules, 1966, which is an appealable order, as provided under Section 50 of the Act. 3. Learned counsel for the petitioner, however, submits that this Court has decided in any number of cases including SMT.YASHODAMMA VS. STATE OF KARNATAKA AND OTHERS in W.P.No.18628/2023 dated 22.02.2024 that a grant cannot be cancelled after many decades. It was held that even suo-motu powers cannot be exercised after a long delay; they are exercisable only within a reasonable time. 4. However, this Court is of the considered opinion that the decision of this Court should be brought to the notice of the competent authority by raising a challenge to the impugned order in terms of the provisions of law, namely Section 50 of the Act. In that view of the matter, the writ petition stands disposed of reserving liberty to the - 4 - HC-KAR NC: 2025:KHC:37535 WP No. 25182 of 2025 petitioner to approach the Deputy Commissioner invoking Section 50 of the Act. Ordered accordingly. 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 List No.: 1 Sl No.: 3 CT: BHK