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2025 DAILYLAW 74719 (KAR)

SRI. N V SRINIVASA SHETTY v. THE STATE OF KARNATAKA

WP/21531/2025 · 2025-08-14

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31580 WP No. 21531 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 21531 OF 2025 (KLR-RES) BETWEEN: SRI. N.V. SRINIVASA SHETTY S/O LATE VENKATAKRISHNA SHETTY, AGED ABOUT 58 YEARS, R/AT NALLANDAHALLY VILLAGE, THORALAKKHI POST, MASTHI HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 127. …PETITIONER (BY SRI. SHIVARAMU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563 101. 3. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR - 563 101. 4. THE ASSISTANT COMMISSIONER MALUR TALUK, MALUR - 563 130. 5. THE REVENUE INSPECTOR NADAKACHERI, MASTHI HOBLI, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31580 WP No. 21531 of 2025 MALUR TALUK - 563 130. 6. SRI. KRISHNACHARI S/O LATE RAMACHARI, AGED ABOUT 70 YEARS, 7. SMT. VENKATALAKSHMAMMA W/O LATE VENKATAKRISHNASHETTY, AGED ABOUT 75 YEARS, 8. SRI. RAMESH S/O LATE VENKATAKRISHNASHETTY AGED ABOUT 54 YEARS, 9. SRI. SHIVAKUMAR S/O LATE VENKATAKRISHNASHETTY AGED ABOUT 43 YEARS, 10. SRI. MANJUNATHA S/O LATE VENKATAKRISHNASHETTY AGED ABOUT 47 YEARS, 11. SMT. VENKATAGIRIYAMMA W/O CHIKKAABBAIAH, AGED ABOUT 75 YEARS, 12. SRI. SRINIVASASHETTY S/O LATE MUNISHETTY, AGED ABOUT 59 YEARS, 13. SRI. RAJESH S/O LATE MUNISHETTY, AGED ABOUT 40 YEARS, 14. SRI. V. GOVINDASHETTY S/O LATE VENKATACHALASHETTY, AGED ABOUT 66 YEARS, THE RESPONDENTS NO.6 TO 14 ARE ALL R/AT NALLANDAHALLI VILLAGE, MASTI HOBLI, MALUR TALUK, - 3 - HC-KAR NC: 2025:KHC:31580 WP No. 21531 of 2025 KOLAR DISTRICT - 563 127. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) CALL FOR THE ENTIRE RECORDS ON THE FILE OF THE RESPONDENT NO. 1 TO 5 AUTHORITY. (B) QUASHING/SETTING ASIDE THE ORDER DATED 30.06.2025 PASSED BY THE RESPONDENT NO.2 IN R.P.NO.3/2025 VIDE ANNEXURE-A AND THE ORDER DATED 24.09.2024 PASSED BY THE RESPONDENT NO.3 IN R.A.NO.300/2017 VIDE ANNEXURE-B IN THE ABOVE WRIT PETITION AND ETC., 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 Additional Government Advocate takes notice for respondent Nos. 1 to 5. Notice to the remaining respondents is not required for the following reasons: 2. Learned Additional Government Advocate raises a preliminary objection that having regard to the amendment brought to Section 136(1) of the Karnataka Land Revenue Act, 1964, (for short 'the Act,) with effect from 10.01.2025, the petitioners will have to approach the Karnataka Revenue Appellate Tribunal questioning the - 4 - HC-KAR NC: 2025:KHC:31580 WP No. 21531 of 2025 impugned order passed by the Deputy Commissioner under Section 136(3) of the Act. 3. Upholding the submissions made by the learned Additional Government Advocate, the writ petition stands dismissed while reserving liberty to the petitioner to approach the Karnataka Appellate Tribunal. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE BSV List No.: 1 Sl No.: 55 CT: BHK