- 1 - HC-KAR NC: 2025:KHC:25789 WP No. 3167 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 3167 OF 2024 (KLR-RES) BETWEEN: SMT. SAROJAMMA, W/O C.NARAYANSWAMY, AGED ABOUT 68 YEARS, R/AT NO.32, WARD NO.11, MARALUBAGILU, DEVANAHALLI TOWN AND TALUK, BENGALURU RURAL DISTRICT – 562 110. …PETITIONER (BY SRI.D.R.RAVISHANKAR, SENIOR ADVOCATE FOR SRI. MUNIRAJA M., ADVOCATE) AND: 1. STATE OF KARNATAKA, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU – 560 001. REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, JILLADALITHA BHAVANA, 1ST FLOOR, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK – 562 110. 3. THE ASSISTANT COMMISSIONER, DODDABALLAPUR SUB-DIVISION, DODDABALLAPUR, BENGALURU RURAL DISTRICT – 561 203. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25789 WP No. 3167 of 2024 4. THE TAHASILDAR, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT – 561 20. …RESPONDENTS (BY SRI.SIDDHARTH BABU RAO, AGA) ------- THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17.01.2024 PASSED BY THE R2 DEPUTY COMMISSIONER, VIDE CASE NO.LND.07/2022, AND CONSEQUENTLY QUASH THE ORDER PASSED BY THE R3 ASSISTANT COMMISSIONER VIDE IN CASE NO.R.U.C(A)NO.28/2009-10 DATED 22.07.2016 WITH RESPECT TO LAND IN SY.NO.193 MEASURING 2 ACRES 3 GUNTAS, SITUATED AT DEVANAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT AS PER ANNEXURE - A AND K AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:25789 WP No. 3167 of 2024 ORAL ORDER Heard learned counsel appearing for the parties. 2. In this writ petition, the petitioner is assailing the order dated 17.01.2024 passed by respondent no.2 (Annexure-A) and the order dated 22.07.2016 (Annexure-K) passed by respondent no.3. 3. Sri D.R.Ravishankar, learned Senior Counsel appearing for the petitioner, referring to Rule 108-D(6) of the Karnataka Land Revenue Rules, 1966, invited the attention of the Court to the impugned order at Annexure-K, wherein the appeal is filed under the aforesaid Rule and, submits that, the proceedings at Annexure-K itself is non-est and therefore, sought for interference by this Court. 4. Per contra, learned AGA sought to justify the impugned order. 5. Having heard the learned counsel for the parties, the core question to be answered in this writ petition is : - 4 - HC-KAR NC: 2025:KHC:25789 WP No. 3167 of 2024 "Whether the proceedings before respondent no.3 at Annexure-K is maintainable under Rule 108-D(6) of the Karnataka Land Revenue Rules, 1966?" 6. It is relevant to extract the provision under Rule 108-D(6) of the Karnataka Land Revenue Rules, 1966, which reads as under : "Rule 108-D. Procedure of the Committee.- (1) xxxx (2) xxxx (3) xxxx (4) xxxx (6) Appeal against orders made by the Tahsildar on the recommendations of the committee shall lie to the Assistant Commissioner, and of the Additional Committee shall lie to the Deputy Commissioner. 7. Having taken note of the submission made by the learned counsel for the parties and the language employed in Rule 108-D(6) of the Karnataka Land Revenue Rules, 1966, it is clear that the appeal shall lie to the Appellate Authority against the order passed by the Tahsildar on the recommendation of the Committee to respondent no.3. In the present proceedings - 5 - HC-KAR NC: 2025:KHC:25789 WP No. 3167 of 2024 at Annexure-K, the appellant himself is the Tahsildar and therefore, I find force in the submission made by the learned Senior Counsel for the appellant. Accordingly, the entire proceedings before respondent no.3 at Annexure-K itself is non-est and illegal. Therefore, I am of the view that, the entire proceedings requires to be quashed as the same has been erroneously confirmed by respondent no.2 at Annexure-A. 8. In that view of the matter, I pass the following order : ORDER i) Writ petition is allowed; ii) The impugned orders at Annexures - A and K are hereby set aside. SD/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 59