SRI SUDAGADU HELAVA v. THE TECHNICAL ASSISTANT TO DEPUTY
WP/17267/2025 · 2025-07-31
R Devdas
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 70710 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70710 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29649 WP No. 17267 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.17267 OF 2025 (KLR-RES)
BETWEEN:
SRI. SUDAGADU HELAVA, SINCE DECEASED BY HIS ADOPTED SON SRI. NINGAIAH ALIAS BORAIAH AGED ABOUT 76 YEARS, R/AT CHICKARINAKERE VILLAGE, C.A.KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 422 …PETITIONER (BY SRI. SWAMY.N.B.N., ADVOCATE)
AND:
1.
THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER & DEPUTY DIRECTOR, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, MANDYA DISTRICT, MANDYA -571 401.
2.
THE ASSISTANT DIRECTOR, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, MADDUR MANDYA DISTRICT-571 428.
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:29649 WP No. 17267 of 2025
3.
THE TAHSILDAR, MADDUR TALUK, MADDUR, MANDYA DISTRICT-571 428.
4.
SMT. N.BHAGYA W/O SRI.B.BORAIAH, AGED ABOUT 65 YEARS, R/AT CHICKARINAKERE VILLAGE, C.A.KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT -571 422.
5.
SRI. B.BORAIAH S/O LATE D.BORAIAH, AGED ABOUT 74 YEARS R/AT CHICKARINAKERE VILLAGE, CA.KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 422
6. SMT.DUNDAMMA, W/O LATE BORAIAH, MAJOR BY AGE.
R/AT CHICKARINAKERE VILLAGE, C.A.KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 422.
7.
SRI. KEMPANA HELAVA, S/O LATE SUDAGADU, MAJOR BY AGE R/AT CHICKARINAKERE VILLAGE, C.A.KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT -571 422.
8.
SRI. M.MANCHAPPA, S/O LATE MANCHAIAH, MAJOR BY AGE
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HC-KAR NC: 2025:KHC:29649 WP No. 17267 of 2025
R/AT DODDARINAKERE VILLAGE, C.A.KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 422.
9.
SMT. GOWRAMMA, W/O LATE PAPANNA, MAJOR BY AGE R/AT ALABHUJANAHALLI VILLAGE, C.A.KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT -571 422.
10. SRI. V. VIRUPAKSHAPPA, TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER & DEPUTY DIRECTOR, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, MANDYA DISTRICT, MANDYA -571 401.
11. SRI. BHUVANA SUNDAR ASSISTANT DIRECTOR, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, MADDUR, MANDYA DISTRICT-571 428
…RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED ON 13.02.2025 IN APPEAL NO. 137/2024 BY THE R-1 THE TECHNICAL ASSITANT TO DEPUTY COMMISSIONER AND DEPUTY DIRECTOR, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, MANDYA DISTRICT, MANDAY ANNX-M AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:29649 WP No. 17267 of 2025
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned Additional Government Advocate raises preliminary objection that the order in question is passed under Section 49 of the Karnataka Land Revenue Act, 1964 (for short 'the Act') and there is an appeal remedy for the petitioner under Section 50 of the Act, which provides for second appeal before the Joint Director of Land Records in terms of Section 50(1)(c) of the Act.
2. Accepting the submissions made by the learned AGA, the writ petition is disposed of reserving liberty to the petitioner to avail the second appeal remedy under the Act. Accordingly, writ petition stands disposed off.
Sd/- (R DEVDAS) JUDGE
SMJ List No.: 1 Sl No.: 38