Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33333 WP No. 23497 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR.JUSTICE R DEVDAS WRIT PETITION NO.23497 OF 2025 (KLR-RES) BETWEEN:
SRI. C.NAGARAJEGOWDA S/O CHIKKAMOGA @ KUNJA, AGED ABOUT 65 YEARS, RESIDING AT HAGALAHALLY VILLAGE AND POST, C.A.KERE HOBLY, MADDUR TALUK, MANDYA DISTRICT – 571 422. …PETITIONER (BY SRI. RAVI H.K., ADVOCATE FOR SRI. GIRISH N.R, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA – 571 401. 2. THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA – 571 401. 3. THE TAHSILDAR, MADDUR TALUK, MANDVA DISTRICT – 571 428. 4. THE REVENUE INSPECTOR, C A KERE HOBLI-2, MADDUR TALUK, MANDYA DISTRICT – 571 422. Digitally signed by MADHUSHREE H Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:33333 WP No. 23497 of 2025
5. SMT. NINGAMMA, W/O VENKATEGOWDA, AGED ABUT 70 YEARS, RESIDING AT AGRAHARA VALAGEREHALLI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT – 562 138 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE IMPUGNED ORDER DATED 10.01 2025 IN REVISION PETITION NO.83/2023 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A, BY ISSUING A WRIT OF CERTIORARI AS ILLEGAL; b) QUASH THE IMPUGNED ORDER DATED 15.03.2023 IN R.MISC NO.380/2016 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-B, BY ISSUING A WRIT OF CERTIORARI AS ILLEGAL; c) CONSEQUENTLY, QUASH THE MUTATION ORDERS VIDE MR NO.69/1997-98 DATED 10.03.1998 AND MR NO.H41/2016-17, DATED 24.09.2016 VIDE ANNEXURE-L AND M RESPECTIVELY PASSED BY THE RESPONDENT NO.3 IN FAVOUR OF THE RESPONDENT NO.5 IN RESPECT OF THE LAND BEARING NEW SY NO.89/1 MEASURING 0.19 GUNTAS, SITUATED AT S 1 HAGALAHALLI VILLAGE, C A KERE HOBLI, MADDUR TALUK; d) ISSUE A DIRECTION TO THE RESPONDENT NO.3 TO RE-STORE MUTATION ORDERS VIDE MR NO. H24/2012-13 DATED 25.05.2013 AND MR NO.H25/2012-13 DATED 12.06.2013 IN FAVOUR OF THE PETITIONER IN RESPECT OF THE LAND BEARING NEW SY NO.84/1 MEASURING 0.04 GUNTAS AND LAND BEARING NEW SY NO.89/1 MEASURING 0.19 GUNTAS, SITUATED AT S I HAGALAHALLI VILLAGE, C A KERE HOBLI, MADDUR TALUK; e) ISSUE SUCH OTHER WRITS, ORDERS OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING AWARDING OF COSTS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:33333 WP No. 23497 of 2025
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned High Court Government Pleader takes notice for respondents No.1 to 4. Notice to respondent No.5 is not necessary for the following reasons:
2. Learned High Court Government Pleader has raised a preliminary objection that having regard to the amendment brought to Section 136(1) of the Karnataka Land Revenue Act, 1964, w.e.f., 10.01.2025, the petitioner will have to approach the Karnataka Revenue Appellate Tribunal questioning the impugned order passed by the Deputy Commissioner under Section 136(3) of the Act.
3. Upholding the submissions made by the learned High Court Government Pleader, the writ petition stands dismissed while reserving liberty to the petitioner to approach the Karnataka Appellate Tribunal. However, the respondents are hereby directed not to take any
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HC-KAR NC: 2025:KHC:33333 WP No. 23497 of 2025
precipitative action for a period of four weeks to enable the petitioner approach the Karnataka Appellate Tribunal.
4. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.
5. Office is directed to return the certified copies to the petitioner if any while retaining a copy of the same for the record.
Sd/- (R DEVDAS) JUDGE
MH/- List No.: 1 Sl No.: 43