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2025 DAILYLAW 8078 (KAR)

NASIRAHMED ASHRAF SAYED v. THE STATE OF KARNATAKA

WP/107404/2024 · 2025-01-10

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:438 WP No. 107404 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107404 OF 2024 (KLR-RES) BETWEEN: NASIRAHMED S/O. ASHRAF SAYED, AGE: 40 YEARS, OCC: BUSINESS, R/O. PLOT NO.756 B, SECTOR NO.5, M.M. EXTENSION, SHREE NAGAR, BELAGAVI. …PETITIONER (BY SRI. G.N. NARASAMMANAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BEALGAVI-590001. 3. THE TAHASILDAR BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI-591102. 4. THE REVENUE INSPECTOR, NESARGI HOOBLI, TQ: BAILHONGAL-591121. …RESPONDENTS (BY SRI. M.M.KHANNUR, AGA) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:438 WP No. 107404 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 30-06-2022 PASSED BY RESPONDENT NO.2 DEPUTY COMMISSIONER BELAGAVI IN RB/RTA/NO.114/2021-22 I.E., VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs: a) To call for the records. b) Issue writ or order or direction in the nature of certiorari quashing the order dated 30-06-2022 passed by respondent No.2 Deputy Commissioner Belagavi in RB/RTA/No.114/2021-22 i.e., vide Annexure-G. c) Pass any other appropriate order which ever deems fit to this Hon’ble court under the facts and circumstances of the case, in the interest of justice and equity. 3. Vide impugned order dated 30.06.2022, respondent No.2/Deputy Commissioner has refused to excise the jurisdiction as regards the application filed by the - 3 - NC: 2025:KHC-D:438 WP No. 107404 of 2024 petitioner on the ground that the concerned authority would be the Assistant Commissioner and under Section 136 (2) of the Karnataka Land Revenue Act, there can be no fault found with the said order. Reserving liberty to the petitioner to approach the Assistant Commissioner, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 53