- 1 - HC-KAR NC: 2025:KHC:33564 WP No. 7494 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 7494 OF 2024 (KLR-RES) BETWEEN: 1. LATE HONNAPPA, SINCE DEAD REP BY HIS LRS SRI. SHIVANNA S/O LATE HONNAPPA AGED ABOUT 55 YEARS, 2. SRI. NEELAKANTAIAH S/O LATE HONNAPPA AGED ABOUT 53 YEARS, BOTH ARE R/O SOMADEVANAHALLI, SOLUR HOBLI, MAGADI TALUK-562120, RAMANAGARA DISTRICT. …PETITIONERS (BY SRI. RAVI C K., ADVOCATE) AND: 1. ASSISTANT COMMISSIONER REVENUE DEPARTMENT, RAMANGARA SUB DIVISION, RAMANGARA DISTRICT-562159. 2. TAHASILDAR MAGADI TALUK RAMANGARA DISTRICT-562120. …RESPONDENTS (BY SRI.V.SESHU., HCGP) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33564 WP No. 7494 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OR TO RESTRAIN R-1 AND 2 NOT TO ENTER THE PEACEFUL POSSESSION AND ENJOYMENT OF THE PETITIONERS SCHEDULE PROPERTY AND QUASH THE IMPUGNED ORDER PASSED BY THE R-1 AGAINST THE PETITIONERS VIDE ANNEXURE-F DTD 31.07.2023 ON BEARING NO.LND/CR/05/ 2015.16 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 both the respondents. 2. Learned High Court Government Pleader raises a primary objection that the order under challenge is an order passed by the Assistant Commissioner, invoking Rule 108K and Section 49 of the Karnataka Land Revenue Act, 1964 and the Rules thereunder. It is submitted that in terms of Section 50 of the Act, a second appeal remedy is available for the petitioner to raise a challenge to the impugned order passed by the Assistant Commissioner. - 3 - HC-KAR NC: 2025:KHC:33564 WP No. 7494 of 2024 3. At this juncture, learned counsel for petitioners submits that after filing of the present writ petition the petitioners have filed an appeal before the Deputy Commissioner. If that is the case, the writ petition cannot be continued if the alternative remedy of second appeal is availed by the petitioners. 4. Accordingly, the writ petition stands dismissed. 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 DL CT: JL