- 1 - HC-KAR NC: 2025:KHC:35897 WP No. 20378 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.20378 OF 2025 (KLR-LG) BETWEEN: 1. LOHITH SHETTY S/O. GANGADHAR SHETTY AGED ABOUT 38 YEARS BILAGOLA VILLAGE, HESGAL POST MUDIGERE TALUK CHIKKMAGALUR DISTRICT – 577 132. 2. VINAY R. S/O. RUDRESH GOWDA AGED ABOUT 35 YEARS MOGALAMAKKI VILLAGE KASABA HOBLI, MUDIGERE TALUK CHIKKMAGALUR DISTRICT - 577 132. …PETITIONERS (BY SRI RAVINJAYY KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT M. S. BUILDING, AMBEDKAR ROAD BENGALURU - 560 001. 2. DEPUTY COMMISSIONER CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR – 577 101. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35897 WP No. 20378 of 2025 3. ASSISTANT COMMISSIONER CHIKKAMAGALUR DIVISION CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR – 577 101. 4. TAHSILDAR TALUK OFFICE, MUDIGERE TALUK CHIKKAMAGALUR DISTRICT – 577 132. 5. DEPUTY TAHSILDAR TALUK OFFICE, MUDIGERE TALUK CHIKKAMAGALUR DISTRICT – 577 132. 6. ASSISTANT DIRECTOR OF LAND RECORDS TALUK OFFICE, MUDIGERE TALUK CHIKKAMAGALUR DISTRICT – 577 132. 7. DEPUTY DIRECTOR OF LAND RECORDS TALUK OFFICE, MUDIGERE TALUK CHIKKAMAGALUR DISTRICT – 577 132. 8. REVENUE INSPECTOR TALUK OFFICE, MUDIGERE TALUK CHIKKAMAGALUR DISTRICT – 577 132. 9. VILLAGE ACCOUNTANT TALUK OFFICE, MUDIGERE TALUK CHIKKAMAGALUR DISTRICT – 577 132. 10. PANCHAYAT DEVELOPMENT OFFICER HESGAL GRAM PANCHAYT, MUDIGERE TALUK CHIKKAMAGALUR DISTRICT – 577 132. 11. EXECUTIVE OFFICER TALUK PANCHAYAT, MUDIGERE TALUK CHIKKAMAGALUR DISTRICT – 577 132. 12. ASSISTANT EXECUTIVE ENGINEER MESCOM, MUDIGERE TALUK CHIKKAMAGALUR DISTRICT – 577 132. …RESPONDENTS (BY SRI SESHU V., H.C.G.P., FOR R-1 TO R-9) - 3 - HC-KAR NC: 2025:KHC:35897 WP No. 20378 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GRANT ORDER DATED 16.06.1984 IN NO. M2.LC.CR.26/84-85 BENGALURU PASSED BY THE R-2 AS PER ANNEXURE-Q AND FORM NO.1 AS PER ORDER DATED 25.07.1984 IN NO.19/84-85 ISSUED BY R-4 AS PER ANNEXURE-T AND ETC. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned HCGP takes notice for respondents No.1 to 9. Notice to the other respondents is not necessary for the following reasons: 2. The petitioners are seeking to raise a challenge to a grant order made in the year 1984, in favour of Sri R.M.Muthaiah, who is not even impleaded as a party respondent to these proceedings. 3. Learned HCGP raises a preliminary objection that if any person is to seek cancellation of a grant made in favour of another person, a duly constituted appeal should be filed before the competent authority. Moreover, this Court in the case of Smt.Pyari Ma and Another Vs. The - 4 - HC-KAR NC: 2025:KHC:35897 WP No. 20378 of 2025 State of Karnataka and Others in W.P.No.22426/2021 dated 12.01.2022 has held that even the Deputy Commissioner cannot invoke suo motu powers to set at naught a grant made several decades ago. If such action has to be taken, it has to be taken within a reasonable time. 4. There is substance in the submission made by the learned High Court Government Pleader. The grant is admittedly made in the year 1984 and the petitioner is seeking cancellation of such grant without even impleading the grantees or their legal heirs. 5. The writ petition stands dismissed for the reasons stated hereinabove. 6. Learned HCGP is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE JT/-