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2025 DAILYLAW 79082 (KAR)

SRI G U DEVARAJ v. THE STATE OF KARNATAKA

WP/20744/2025 · 2025-08-29

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33745 WP No. 20744 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 20744 OF 2025 (KLR-RES) BETWEEN: SRI. G.U. DEVARAJ S/O UDDEGOWDA, AGED ABOUT 54 YEARS R/AT GOUTHUHALLI VILLAGE, CHEEKANA HALLI POST, KASABA HOBLI, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT - 573 115. …PETITIONER (BY SRI. C.R. GOPAL SWAMY, SENIOR. COUNSEL FOR SRI. BHARGAV G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REP. BY THE PRINCIPAL REVENUE SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201. 3. THE ASSISTANT COMMISSIONER SAKALESHPURA SUB-DIVISION, SAKALESHPURA, Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33745 WP No. 20744 of 2025 HASSAN DISTRICT - 573 134. 4. TAHASILDAR BELUR TALUK, BELUR, HASSAN DISTRICT - 573 115. …RESPONDENTS (BY SRI. V. SESHU, HCGP) *** THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS; ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT/ORDER QUASHING ANNEXURE-A DATED 05-06-2025 PASSED BY THE RESPONDENT NO.3 THE ASSISTANT COMMISSIONER, SAKALESHAPURA SUB DIVISION VIDE CASE NO.LNDRUC/153/2025, ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned HCGP takes notice for all the respondents. 2. Learned HCGP raises a preliminary objection that the impugned order is passed by the Assistant Commissioner invoking Rule 108K of the Karnataka Land Revenue Rules, 1966 and Section 94 of the Karnataka Land Revenue Act to cancel the grant made earlier in favour of the petitioner. However, a second appeal - 3 - HC-KAR NC: 2025:KHC:33745 WP No. 20744 of 2025 remedy is available under Section 50 of the Act, before the Deputy Commissioner. 3. Learned Senior Counsel appearing for the petitioner submits that action has been initiated by the Assistant Commissioner at the instance of the Deputy Commissioner and therefore it will be a futile exercise going before the Deputy Commissioner. 4. Even otherwise, it is submitted that if the petitioner is to go before the Deputy Commissioner, interim protection should be given in favour of the petitioner. 5. Having regard to the availability of an efficacious and alternative remedy to the petitioner in terms of Section 50 of the Act, the writ petition stands disposed of, reserving liberty to the petitioner to approach the Deputy Commissioner. However, no precipitative action shall be taken against the petitioner for dispossession or for change of revenue entries for a period of four weeks to - 4 - HC-KAR NC: 2025:KHC:33745 WP No. 20744 of 2025 enable the petitioner to approach the Deputy Commissioner. If an application for interim order is filed by the petitioner, the Deputy Commissioner shall accordingly consider the same and pass necessary orders, protecting the interest of the petitioner till disposal of the appeal. Sd/- (R DEVDAS) JUDGE BMV* List No.: 1 Sl No.: 45 CT: BHK