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2025 DAILYLAW 77248 (KAR)

SRI. N V SRINIVASA SHETTY v. THE STATE OF KARNATAKA

WP/21425/2025 · 2025-09-01

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:34076 WP No. 21425 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 21425 OF 2025 (KLR-RES) BETWEEN: SRI. N. V. SRINIVASA SHETTY, S/O LATE VENKATAKRISHNA SHETTY, AGED ABOUT 58 YEARS, R/AT NALLANDAHALLY VILLAGE, THORALAKKHI POST MASTHI HOBLI, MALUR TALUK KOLAR DISTRICT – 563 127 …PETITIONER (BY SRI. SHIVARAMU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA DR. AMBEDKAR ROAD BANGALORE – 560 001 2. DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR – 563 101 3. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION KOLAR – 563 101 4. THE TAHSILDAR MALUR TALUK MALUR – 563 130 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34076 WP No. 21425 of 2025 5. REVENUE INSPECTOR NADAKACHERI MASTHI HOBLI MALUR TALUK – 563 130 6. SRI GURUMURTHYCHARI @ GURUDEVACHARI S/O LATE GOPALACHARI AGED ABOUT 53 YEARS, 7. SRI RAMESH S/O LATE GOPALACHARI AGED ABOUT 50 YEARS, 8. SRI NANDHISHA S/O LATE GOPALACHARI AGED ABOUT 47 YEARS, 9. SRI RUDRESHA S/O LATE GOPALACHARI AGED ABOUT 55 YEARS, 10. SMT. VENKATAKALSHMAMMA W/O LATE VENKATAKRISHNASHETTY AGED ABOUT 75 YEARS 11. SRI. RAMESH S/O LATE VENKATAKRISHNASHETTY AGED ABOUT 54 YEARS 12. SRI. SHIVAKUMAR S/O LATE VENKATAKRISHNASHETTY AGED ABOUT 43 YRS 13. SRI. MANJUNATH S/O LATE VENKATAKRISHNASHETTY AGED ABOUT 47 YEARS 14. SMT. VENKATAGIRIYAMMA W/O CHIKKAABBAIAH AGED ABOUT 75 YEARS - 3 - HC-KAR NC: 2025:KHC:34076 WP No. 21425 of 2025 15. SRI. SRINIVASASHETTY S/O LATE MUNISHETTY AGED ABOUT 59 YEARS 16. SRI. RAJESH S/O LATE MUNISHETTY AGED ABOUT 40 YEARS 17. SRI. V. GOVINDAHSETTY S/O LATE VENKATACHALASHETTY AGED ABOUT 66 YRS THE RESPONDENTS NO.6 TO 17 ARE R/AT NALLANDAHALLY VILLAGE, MASTHI HOBLI, MALUR TALUK, KOLAR DISTRICT – 563 127 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING/SETTING ASIDE THE ORDER DATED 24.06.2025 PASSED BY THE RESPONDENT NO.2 IN R.P.NO.5/2025 VIDE ANNEXURE-A AND THE ORDER DATED 24.09.2024 PASSED BY THE RESPONDENT NO.3 IN R.A.NO.299/2017 VIDE ANNEXURE- B IN THE ABOVE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:34076 WP No. 21425 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondents No.1 to 5. Notice to respondents No.6 to 17 is not necessary for the following reason. 2. Learned Additional Government Advocate raises 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 petitioners will have to approach the Karnataka 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 petitioners to approach the Karnataka Appellate Tribunal. 4. Office is directed to return certified copies/original documents, if any, to the petitioner while retaining a copy of the same for the file. - 5 - HC-KAR NC: 2025:KHC:34076 WP No. 21425 of 2025 5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY List No.: 1 Sl No.: 47