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2025 DAILYLAW 81508 (KAR)

VENKATESH v. STATE OF KARNATAKA

WP/22423/2025 · 2025-08-28

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33401 WP No. 22423 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 22423 OF 2025 (KLR-LG) BETWEEN: VENKATESH S/O. LATE KULLEGOWDA, AGED ABOUT 47 YEARS, R/AT KARIMUDDANAHALLI VILLAGE, BILIKERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT-571 105. …PETITIONER (BY SRI. PRITHVI RAJ B N., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU-570 005. 3. THE ASSISTANT COMMISSIONER HUNSUR SUB-DIVISION, HUNSUR, MYSURU DISTRICT-571 105. 4. THE TAHSILDAR HUNSUR TALUK, MYSURU DISTRICT-571 105. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33401 WP No. 22423 of 2025 5. SMT. MAMATHA. B W/O. CHANDRU, AGED ABOUT 45 YEARS, R/AT GEJJAYYANAVADDARAGUDI VILLAGE, BILIKERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT-571 105. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESP.NO.2 AND 3 TO IMPLEMENT THE RECOMMENDATIONS MADE BY THE RESP.NO.4 FOR BEELU RESTORATION IN SY.NO.110 OF KARIMUDDANAHALLI VILLAGE, AS PER ANNEXURE-G BEARING RRT BECLU.4/04-05 DTD. 09.09.2004 AND ETC. THIS PETITION, 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 respondent No.5 is not necessary for the following reasons. 2. The petitioner is seeking to raise a challenge to an order passed by the Assistant Commissioner under - 3 - HC-KAR NC: 2025:KHC:33401 WP No. 22423 of 2025 Section 49 of the Karnataka Land Revenue Act, in an appeal filed at the hands of the petitioner herein raising a challenge to the grant made in favour of the respondent No.5. 3. Learned Additional Government Advocate raised an objection that such an order passed by the Assistant Commissioner under Section 49 of the Act can be questioned in a second appeal under Section 50 of the Karnataka Land Revenue Act before the Deputy Commissioner. 4. Having regard to the submission made by the learned Additional Government Advocate since an alternative and efficacious remedy is available for the petitioner in the form of a second appeal under Section 50 of the Act, the writ petition stands disposed of, reserving liberty to the petitioner to approach the Deputy Commissioner. - 4 - HC-KAR NC: 2025:KHC:33401 WP No. 22423 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 CT:JL