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2025 DAILYLAW 76580 (KAR)

SRI KAILASHNATH B N v. THE STATE OF KARNATAKA

WP/18533/2025 · 2025-09-10

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35899 WP No. 18533 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.18533 OF 2025 (KLR-RES) BETWEEN: SRI KAILASHNATH B. N. S/O. LATE B. N. NEELAKANTA REDDY AGED ABOUT 45 YEARS RESIDING AT BASAVAPURA VILLAGE THONDEBHAVI HOBLI GAURIBIDANUR TALUK – 561 211. …PETITIONER (BY SRI SHRINIWAS M. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA DR. B. R. AMBEDKAR ROAD BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA – 562 101. 3. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA – 562 101. 4. THE TAHSILDAR GAURIBIDANUR TALUK GAURIBIDANUR – 561 208. 5. SRI SUDHEER DESU S/O. SUBBARAJU DESU Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35899 WP No. 18533 of 2025 AGED ABOUT 49 YEARS R/AT NO.479, 1ST CROSS 6TH ‘A’ MAIN, RAJIV GANDHI NAGAR 2ND PHASE, KODIGEHALLI BENGALURU – 560 097. …RESPONDENTS (BY SRI MOHAMMAD JAFFAR SHAH, A.G.A., FOR R-1 TO R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 10.09.2024 PASSED IN CASE NO. R.R.T (GAU) 78/2024-25 ON THE FILE OF THE ASSISTANT COMMISSIONER, CHIKKABALLAPUR SUB-DIVISION AT CHIKKABALLAPUR (ANNEXURE - F) AND ETC. THIS WRIT PETITION IS 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 respondents No.1 to 4. Notice to the other respondent is not necessary for the following reasons: 2. Learned Additional Government Advocate 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 - 3 - HC-KAR NC: 2025:KHC:35899 WP No. 18533 of 2025 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 Additional Government Advocate, 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 precipitative action for a period of four weeks to enable the petitioner approach the Karnataka Appellate Tribunal. 4. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. 5. Office is directed to return the original documents/certified copies to the petitioner while retaining a copy of the same for the file. Sd/- (R DEVDAS) JUDGE JT/-