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2025 DAILYLAW 75155 (KAR)

SMT.L. JAYASUDHA v. THE STATE OF KARNATAKA

WP/10477/2025 · 2025-08-19

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32283 WP No. 10477 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 10477 OF 2025 (KLR-RES) BETWEEN: SMT. L. JAYASUDHA AGED ABOUT 49 YEARS, W/O SUNIL CHOWDARY, R/AT NO. 163-B, SOBHA MALACHITE, JAKKUR PLANTATION, YELAHANKA, BENGALURU - 560 064. …PETITIONER (BY SRI. UMESH M.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, ROOM NO. 505, 5TH FLOOR, GATE -3, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, K G ROAD, BENGALURU - 560 009 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH TALUK, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32283 WP No. 10477 of 2025 KANDAYA BHAVAN, K G ROAD, BENGALURU - 560 009 4. THE TAHSILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVANA, K G ROAD, BENGALURU - 560 009 …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PROCEEDINGS BEARING NO. RRT(2)9S) CR.06/20-21 VIDE ANNX-A PENDING BEFORE THE OFFICE OF THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, AT BENGALURU. 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 all the respondents. 2. Learned Additional Government Advocate submits that the petitioner seems to be aggrieved of the notice issued at Annexure-A at the hands of the Special - 3 - HC-KAR NC: 2025:KHC:32283 WP No. 10477 of 2025 Deputy Commissioner-2, Bangalore South Sub-Division, Bangalore. Learned Additional Government Advocate submits that the proceedings have been initiated under Section 136(3) of the Karnataka Land Revenue Act, 1964. 3. Learned counsel for the petitioner however submits that the proceedings have been initiated suo motu at the hands of the Special Deputy Commissioner invoking Section 136(3) of the Act, calling in question a grant made in favour of the petitioner's vendor in the year, 1961. Learned counsel submits that firstly, suo motu proceedings cannot be initiated invoking Section 136(3) of the Act in a matter of cancellation of the grant. Secondly, this Court has time and again held that such suo-motu proceedings cannot be initiated after a considerable length of time. 4. This Court is of the considered opinion that such submission or contention can be taken up by the petitioner before the Special Deputy Commissioner. In that view the matter, the writ petition stands disposed of while reserving - 4 - HC-KAR NC: 2025:KHC:32283 WP No. 10477 of 2025 liberty to the petitioner to raise such a contention before the Special Deputy Commissioner. If such a contention is raised by the petitioner, the Special Deputy Commissioner shall consider the same and pass orders in accordance with law. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv