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2025 DAILYLAW 76382 (KAR)

SRI G N CHANDRASHEKAR v. THE STATE OF KARNATAKA

WP/24393/2025 · 2025-09-03

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35034 WP No. 24393 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 24393 OF 2025 (KLR-RES) BETWEEN: SRI G N CHANDRASHEKAR SON OF LATE SRI NEELAKANTACHAR AGED ABOUT 75 YEARS RESIDENT OF NO. 210, 7TH A MAIN, RPC LAYOUT, HAMPINAGAR, BANGALORE-560 040 …PETITIONER (BY SRI. PAWAN SHYAM A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE ADDL. CHIEF SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA GOVERNMENT OF KARNATAKA BANGALORE 560 001. 2. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT GOVT. OF KARNATAKA DISTRICT COMMISSIONERATE OFFICE, BM ROAD, RAMANAGAR 562 159. 3. THE TAHSILDAR RAMANAGAR TALUQ RAMANAGAR DISTRICT DISTRICT COMMISSIONERATE OFFICE BM ROAD, RAMANAGAR 562 159. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35034 WP No. 24393 of 2025 THIS WP IS FILED UNDER THE ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING AND SETTING ASIDE THE IMPUGNED ORDER DATED 22-05-2025 BEARING CASE NO.LND/CR/426/2019-20 ISSUED BY THE RESPONDENT NO. 3, MARKED HEREWITH AS ANNEXURE-P. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned AGA takes notice for all the respondents. The learned counsel for petitioner is directed to serve copies of the petition along the Annexures on the learned AGA. 2. Learned AGA raised a preliminary objection that the order impugned is the original order passed by the Tahsildar and since it is an original order, the provisions of Section 49 of the Karnataka Land Revenue Act, 1964 will come into play and such order passed by the Tahsildar can be questioned by way of an appeal before the Assistant Commissioner in terms of Clause (a) of Section 49 of the aforesaid Act. 3. Learned counsel for the petitioner however submits that even according to the sketch prepared at the instance of the Tahsildar, as found at Annexure-N, there is a dispute regarding - 3 - HC-KAR NC: 2025:KHC:35034 WP No. 24393 of 2025 the existence of the Tank in the land granted to the petitioner. Admittedly, there is another portion of land next to Survey No.7, re-numbered as Survey No. 101. Learned counsel would therefore, submit that reasonable time may be granted to the petitioner to approach the Assistant Commissioner and in the meanwhile, directions may be issued to the respondents not to prevent the petitioner from entering the land. 4. Accordingly the petition stands disposed of, reserving liberty to the petitioner to approach the Assistant Commissioner. However, for a period of 6 (six) weeks, there shall be an interim order of stay in respect of the impugned order passed by the Tahsildar to enable the petitioner to seek interim direction at the hands of the Assistant Commissioner. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rs List No.: 1 Sl No.: 24