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2025 DAILYLAW 82743 (KAR)

SRI BYLA MURTHY v. THE SPECIAL/ADDITIONAL DEPUTY COMMISSIONER

WP/28220/2025 · 2025-09-18

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37321 WP No. 28220 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28220 OF 2025 (KLR-RES) BETWEEN: 1. SRI BYLA MURTHY S/O HANUMAKKA AGE ABOUT 55 YEARS R/O VISHWESHWARAPURA VILLAGE KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 562 123 …PETITIONER (BY SRI. BALAGANGADHARA G.S.,ADVOCATE) AND: 1. THE SPECIAL/ADDITIONAL DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BANGALORE - 562 123 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA TALUK - 561 203 3. THE THASILDAR NELAMANGALA TALUK NELAMANGALA 562 123 BANGALORE RURAL DISTRICT 4. SRI ANJINAPPA S/O LATE BYLAPPA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37321 WP No. 28220 of 2025 AGE ABOUT 75 YEARS R/O VISHVESHWARAPURA VILLAGE KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT 562123 …RESPONDENTS (BY SRI. V.SESHU, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO GRANT WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE ORDERS PASSED BY THE 1ST RESPONDENT, 11.07.2025, SPECIAL/ADDITIONAL DEPUTY COMMISSIONER IN R.P.NO.1/2025, DATED PRODUCED AT ANNEXURE-A, AS THE SAME IS IMPUGNED, PERVERSE, CAPRICIOUS AND LIABLE TO BE SET ASIDE AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondents No.1 to 3. Notice to respondent No.4 is not necessary for the following reasons: 2. Learned High Court Government Pleader has raised a preliminary objection that having regard to the amendment brought to Section 136(1) of the - 3 - HC-KAR NC: 2025:KHC:37321 WP No. 28220 of 2025 Karnataka Land Revenue Act, 1964, w.e.f., 10.01.2025, the petitioner 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. 3. Upholding the submissions made by the learned High Court Government Pleader, the writ petition stands dismissed while reserving liberty to the petitioner to approach the Karnataka Appellate Tribunal. However, the respondents are hereby directed not to take any precipitative action for a period of four weeks to enable the petitioner approach the Karnataka Appellate Tribunal. 4. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. - 4 - HC-KAR NC: 2025:KHC:37321 WP No. 28220 of 2025 5. Office to return the original documents/certified copies, if any, to the petitioner while retaining a copy of the same for the file. Sd/- (R DEVDAS) JUDGE Bsv List No.: 1 Sl No.: 8