Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50798 WP No. 36658 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36658 OF 2025 (GM-POLICE) BETWEEN:
SHEKHARAPPA MUNCHINAMANE S/O. KOTRAPPA, AGE 79 YEARS, R/O. SHAKUNAVALLI, JADE HOBLI, SORABA TALUK, SHIMOGA DISTRICT - 577 419 …PETITIONER (BY SRI. MAHESH R. UPPIN, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001.
2. TAHASILDAR TALUK EXECUTIVE MAGISTRATE, SORABA TALUK, SHIMOGA DISTRICT - 577 429.
3.
SUB-INSPECTOR OF POLICE, ANVATTI POLICE STATION, ANVATTI, SORABA TALUK, SHIMOGA DISTRICT - 577 413.
4. SARASWATHAMMA,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50798 WP No. 36658 of 2025
W/O. KRISHNAPPA, AGE MAJOR, SHAKUNAVALLI VILLAGE, JADE HOBLI, SORABA TALUK, SHIMOGA DISTRICT - 577 419 …RESPONDENTS (BY SRI. SIDARTH BABU RAO, AGA FOR R1 TO R3;
SRI. RAGHAVENDRA, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 01/12/2025 BEARING NO. MAG/MISC.CR 180/25-26 ISSUED BY THE TAHASILDAR, SORABA R3 MARKED AS ANNEXURE-M AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA accepts notice for respondent Nos.1 to
3.
2. Sri Raghavendra G, learned counsel has filed caveat and accepts notice for respondent No.4.
3. The petitioner is before this Court seeking for the following reliefs:
" i) Quash the letter dt: 01.12.2025 bearing No.MAG/Misc.CR 180/25-26 issued by the Tahasildar, Soraba- Respondent No.2 marked as Annexure 'M' by issuing a writ in the nature of Certiorari; and
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HC-KAR NC: 2025:KHC:50798 WP No. 36658 of 2025
ii) Pass such other orders as deems fit to grant under the circumstances of the case in the interest of justice."
4. Annexure 'M' Order on 01.02.2025 has been passed, in pursuance of the order at Annexure 'L', which though dated 21.11.2025 has been digitally signed by the Tahsildar on 29.11.2025 at 17.56 hours, the said order can at the most said to have come into operation on 29.11.2025 in respect of the date of the
order.
5. Immediately after the said order, the Tahsildar who had passed that order has directed the jurisdictional police to offer police protection on 01.12.2025 without even waiting for the appeal period to get over, thus rendering the petitioner without any remedy.
6. Time is granted to the petitioner to file an appeal until 09.12.2025. If the appeal and stay application were to be filed by 09.12.2025, the appellate
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HC-KAR NC: 2025:KHC:50798 WP No. 36658 of 2025
authority is directed to consider the stay application and pass necessary orders as expeditiously as possible. Till the disposal of the stay application, the operation of Annexure 'M' is stayed. So also respondent No. 4 is restrained from harvesting the crop till that date.
7. The appellate authority shall consider the appeal and the application for stay without being influenced by the orders of this Court.
8. Needless to say, if appeal is not filed by 09.12.2025, the stay granted shall stand automatically vacated.
9. Learned AGA is directed to inform the jurisdictional police authority about the above order.
10. Hand delivery is permitted.
11. Petition stands disposed in terms of the above.
SD/- (SURAJ GOVINDARAJ) JUDGE YKL/List No.: 1 Sl No.: 35