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2025 DAILYLAW 72735 (KAR)

SRI FAROOQ AHAMED v. STATE OF KARNATAKA

WP/22968/2025 · 2025-08-28

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33330 WP No. 22968 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.22968 OF 2025 (KLR-RES) BETWEEN: SRI. FAROOQ AHAMED S/O LATE V.K.ABDUL REHAMAN SAB, AGED ABOUT 73 YEARS, R/AT SUBHASH NAGAR, KADURU, CHIKKAMAGALURU - 577 548 …PETITIONER (BY SRI. YESHU BABA R MISHRA, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE – 560 001 REPRESENTED BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER, CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR - 577 101 3. THE ASSISTANT COMMISSIONER TARIKERE SUB DIVISION, TARIKERE - 577 228 4. THE TAHSILDAR, KADURU TALUK, CHIKKAMAGALURU - 577 548 5. THE SECRETARY, LAND TRIBUNAL, KADURU, CHIKKAMAGALURU - 577 548 Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33330 WP No. 22968 of 2025 6. NASEEM UNNISA, W/O LATE IQBAL, AGED MAJOR, THYAGARAJA NAGARA, KADURU, CHIKKAMAGALURU - 577 548 7. MEHAR SULTANA, W/O PRAKASH, AGED MAJOR, KADURU CHIKKAMAGALURU - 577 548 8. AFZAL, S/O WAZEER, AGED MAJOR, 9. FEROJ, S/O WAZEER, AGED MAJOR, 10. FAROOQ, S/O WAZEER, AGED MAJOR, 11. AFFROZ, S/O WAZEER, AGED MAJOR RESPONDENT NOS.8 TO 11 R/AT K.M.ROAD, NEAR TEA STALL, KADURU, CHIKKAMAGALURU - 577 548 …RESPONDENTS (BY SRI. V.SESHU, HCGP FOR RESPONDENT NOS.1 TO 5; SRI. H.MADHUSUDAN RAO, ADVOCATE FOR R6, R8, R9, R10, R11/CP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER DATED 27.03.2025 IN RP NO.42/2024 PASSED BY THE DEPUTY COMMISSIONER, - 3 - HC-KAR NC: 2025:KHC:33330 WP No. 22968 of 2025 CHIKKAMAGALURU (ANNEXURE -A); b) ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER DATED 06.02.2024 PASSED BY THE ASSISTANT COMMISSIONER, TARIKERE (ANNEXURE-B), ETC THIS PETITION COMING ON FOR ORDERS 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 5. Learned Counsel Sri.H.Madhusudhan, has entered appearance for respondents No.6, 8 to 11. 2. Notice to respondent No.7 is not necessary for the following reasons: Learned High Court Government Pleader raises a preliminary objection that having regard to the amendment brought to Section 136(1) of the Karnataka Land Revenue Act, 1964, w.e.f., 10.01.2025, the petitioner will have to approach the Karnataka Revenue Appellate Tribunal questioning the impugned order passed - 4 - HC-KAR NC: 2025:KHC:33330 WP No. 22968 of 2025 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 petitioner to approach the Karnataka Appellate Tribunal. 4. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. 5. Office, is directed to return the certified copies to the petitioner, if any while retaining a copy of the same for the record. Sd/- (R DEVDAS) JUDGE MH/- List No.: 1 Sl No.: 41