Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30645 WP No. 19704 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 19704 OF 2025 (KLR-RES) BETWEEN:
1.
SMT UMADEVI S WIE NARASIMHA MURTHY DE LATE R.SUDHAKAR AGED ABOUT 38 YEARS R/AT DARGA JOGIHALLI KASABA HOBLI, DODDABALLAPURA TALUK 561203
2.
SRI. MANJUNATH AGED ABOUT 36 YEARS S/O LATE R.SUDHAKAR R/AT DARGA JOGIHALLI KASABA HOBLI, DODDABALLAPURA TALUK 561203 …PETITIONERS (BY SRI. CHOKKAREDDY.,ADVOCATE) AND:
1.
STATE OF KARNATAKA UNDER SECRETARY - REVENUE DEPARTMENT M.S.BUILDING, BANGALORE -560 001
2.
ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION DODDABALLAPURA- 561 203
3. TAHSILDAR DODDABALLAPURA TALUK DODDABALLAPURA- 561 203
4.
SRI. MANMAL LUNIA S/O LATE AGARCHAND Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:30645 WP No. 19704 of 2025 AGED ABOUT 74 YEARS R/AT NO.59, LAKSHMAN ROA ROAD B.V.K INGER ROAD BANGALORE - 560 053 …RESPONDENTS (BY SRI. SESHU V, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASH ANNEXURE-A ENDORSEMENT DATED 07-04-2025 ISSUED BY RESPONDENT NO.2 IN RA(DO).CR.0 2/2024 BY REJECTING THE REVENUE APPEAL FILED BY THE PETITIONERS AGAINST THE MR.H.16/2022-23, IN RESPECT OF THE SY.NO.81/2 MEASURING 39 GUNTAS, SITUATED AT VARADHANAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK.
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 HCGP takes notice for respondent Nos.1 to
3. Notice to respondent No.4 is not necessary for the following reasons;
2. The petitioners are aggrieved by the impugned endorsement dated 07.04.2025 at Annexure - A issued by 2nd respondent – Assistant Commissioner, Doddaballapura, Sub Division, Doddaballapura.
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HC-KAR NC: 2025:KHC:30645 WP No. 19704 of 2025
3.
Learned counsel for the petitioners submits that the petitioners filed an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964 calling in question the mutation entry made in MR.H.16/2022-23 in favour of 4th respondent.
4.
Learned counsel submits that without even issuing notice to the 4th respondent – Assistant Commissioner has dismissed the appeal by issuing the impugned endorsement.
5.
Learned counsel submits that it was not within the powers of the Assistant Commissioner to have rejected the appeal without even issuing notice to the 4th respondent.
6. The submission of the learned counsel for the petitioners is accepted.
7. Consequently, the writ petition is allowed and the impugned endorsement at Annexure - A issued by the Assistant Commissioner is hereby quashed and set aside.
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HC-KAR NC: 2025:KHC:30645 WP No. 19704 of 2025
8. The matter stands remitted back to the Assistant Commissioner to issue notice to the 4th respondent and hear the parties and pass appropriate
order in accordance with law.
Ordered accordingly.
Learned HCGP is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE TIN List No.: 1 Sl No.: 17