- 1 - HC-KAR NC: 2025:KHC:31923 WP No. 5124 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 5124 OF 2025 (KLR-RES) BETWEEN: 1. SRI B N JAYASIMHA S/O. LATE B NAGARAJAYYA, AGED ABOUT 52 YEARS 2. SRI.B N GANGEGOWDA, S/O. LATE B NAGARAJAYYA, AGED ABOUT 48 YEARS, PETITIONERS NO.1 & 2 ARE R/OF BYARASANDRA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123. 3. SMT VENKATAMMA D/O. THIMMADASAPPA, W/O. SRI. RAJANNA, AGED 58 YEARS, R/OF KEMPOHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT …PETITIONERS (BY SRI. ASHOK HARANAHALLI., SR. COUNSEL FOR SRI. NAIK NARAYAN MASTAPPA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETORY, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31923 WP No. 5124 of 2025 REVENUE DEPARTMENT, M.S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-56001. 2. THE ASSISTANT COMMISIONER, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA-561203. 3. THE THAHASILDAR, NELAMANGALA TALUK, NELAMANGALA, BENGALURU RURAL DISTRICT-562123 4. 5. 6. SMT.SARASWATHI. M.V W/O. LATE M N VIBHAKAR RAO, AGED ABOUT 80 YEARS, MODAL KOTE GRAMA, KASABA HOBLI, NELAMANGALA, BENGALURU RURAL DISTRICT-562123. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DISTRICT COMPLEX, BEERASANDRA VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110. THE ADDITIONAL DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DISTRICT COMPLEX, BEERASANDRA VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110. …RESPONDENTS (BY SRI. SESHU.V., HCGP FOR R1 TO R3, R5 & R6 SRI. D.R.RAVISHANKAR., SR. COUNSEL FOR SRI. GAURAV.N., ADVOCATE FOR R4) - 3 - HC-KAR NC: 2025:KHC:31923 WP No. 5124 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE OBSERVATION IN ORDER DATED 22.01.2025 IN APPEAL BEARING RA (NE) 85/2024 AND APPEAL BEARING NO. RA (NE) 86/2024 PASSED BY THE RESPONDENT NO. 2 PRODUCED AT ANNEXURE-AB AND AC, WITH RESPECT TO DIRECTION TO THE PARTIES TO APPROACH THE CIVIL COURT TO RESOLVE THE ISSUE REGARDING REGRANT AND TO EXECUTION OF THE SALE DEED 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 High Court Government Pleader has raised 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 Revenue Appellate Tribunal questioning the impugned order passed by the Deputy Commissioner under Section 136(3) of the Act. - 4 - HC-KAR NC: 2025:KHC:31923 WP No. 5124 of 2025 3. Upholding the submissions made by the learned High Court Government Pleader, the writ petition stands dismissed while reserving liberty to the petitioners to approach the Karnataka Appellate Tribunal. 4. However, since interim orders have been passed by this Court, four weeks time is granted to the petitioners to approach the Karnataka Appellate Tribunal. Till four weeks, the interim orders passed shall stand extended. Pending I.As., if any stand disposed of. Sd/- (R DEVDAS) JUDGE JT/- CT: JL