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2025 DAILYLAW 77062 (KAR)

SRI V V GIRISH v. STATE OF KARNATAKA

WP/18798/2024 · 2025-07-21

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27329 WP NO.18798 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.18798 OF 2024 (KLR-RES) BETWEEN: 1. SRI. V.V. GIRISH S/O LATE V.M. VENKATA SHETTY AGED ABOUT 49 YEARS. 2. SRI. V.V. PRAKASH S/O LATE V.M. VENKATA SHETTY AGED ABOUT 55 YEARS. 3. V.V. PRABHA D/O LATE V.M. VENKATA SHETTY AGED ABOUT 58 YEARS. 4. SRI. V.V. YOGESH S/O LATE V.M. VENKATA SHETTY AGED ABOUT 60 YEARS. ALL ARE RESIDENTS OF KADABANAHALLI VILLAGE, KASABA HOBLI, SUNDEKERE POST, SAKALESHPURA TALUK, HASSAN DISTRICT - 573 127. …PETITIONERS (BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI. AVINASH GOWDA G.S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SECRETARY REVENUE DEPARTMENT VIKASA SOUDHA, BENGALURU - 560 001. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27329 WP NO.18798 OF 2024 2. DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201. 3. ASSISTANT COMMISSIONER SAKALESHPURA TALUK, HASSAN - 573 127. 4. TAHSILDAR SAKALESHPURA TALUK, HASSAN - 573 127. 5. SRI. SHAMACHAR S.A. S/O LATE S.S. ANNAIAHCHAR AGED ABOUT 66 YEARS, RESIDING AT NO.107, 2ND MAIN ROAD, KENGERI SATELLITE TOWN, KENGERI, BENGALURU - 560 060. 6. SRI. AVINASH R. S/O RAJU AGED ABOUT 39 YEARS, RESIDING AT NO 98/41, 11TH MAIN, 15TH CROSS, PADMANABHANAGAR, BENGALURU - 560 070. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4; SRI. ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI. PRATHEEP K.C., ADVOCATE FOR R5; SRI. SHARATH S. GOGI, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY RESPONDENT NO.3 IN CASE NO.R.A./395/2023-24 DATED 07TH MARCH, 2024 VIDE ANNEXURE-B; QUASH THE ORDER PASSED BY THE - 3 - HC-KAR NC: 2025:KHC:27329 WP NO.18798 OF 2024 RESPONDENT NO.4 IN CASE NO.R.R.T.(V):56/2023-24 DATED 08TH FEBRUARY, 2024 VIDE ANNEXURE-C; DIRECT THE RESPONDENT NO.2 TO DISPOSE OF THE APPEAL AT THE EARLIEST; ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, petitioners are assailing the order dated 07th March, 2024 (Annexure-B) passed by the respondent No.3 in Case No.R.A./395/2023-24 and order dated 08th February, 2024 (Annexure-C) passed by the respondent No.4 in Case No.R.R.T.(V):56/23-24. 2. Heard Sri. K.N. Phanindra, learned Senior Counsel on behalf of Sri. Avinash Gowda G.S., appearing for petitioners; Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents 1 to 4; Sri. Ashok Haranahalli, learned Senior Counsel on behalf of Sri. Pratheep K.C., appearing for the respondent No.5; and Sri. Sharath S. Gogi, learned counsel appearing for the respondent No.6. - 4 - HC-KAR NC: 2025:KHC:27329 WP NO.18798 OF 2024 3. Sri. K.N. Phanindra, learned Senior Counsel appearing for the petitioner submits that, appeal in R.P. No.06/2024-25 has been filed by the petitioners before the respondent No.2-Deputy Commissioner and therefore, direction be issued to the respondent No.2 for early disposal of the same. 4. In this regard, Sri. Ashok Haranahalli, learned Senior Counsel appearing for the respondent No.5 placed the order dated 26th November, 2024 passed by the respondent No.2 in R.P.No.06/2024-25 and submitted that the appeal preferred by the petitioners under Section 136(3) of the Karnataka Land Revenue Act, 1964 has been already disposed of on the ground that the parallel proceedings are pending consideration before this Court in the present writ petition. 5. Having heard the learned counsel appearing for the parties, I am of the view that, it is open for the petitioners to revive the proceedings in R.P.No.06/2024-25 as the petitioners are having an efficacious remedy under Section 136(3) of the Karnataka Land Revenue Act, 1964. - 5 - HC-KAR NC: 2025:KHC:27329 WP NO.18798 OF 2024 6. Therefore, petitioners are directed to revive the appeal in R.P.No.06/2024-25 filed before the respondent No.2 and prosecute the matter. Since, the parties are represented through their counsels in the writ petition, they are directed to appear before the respondent No.2 on 20th August, 2025 and the respondent No.2-Deputy Commissioner shall expedite the hearing and concluded the proceedings at the earliest in accordance with law. With this observation, writ petition stands disposed of. Sd/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 64