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2025 DAILYLAW 83527 (KAR)

SRI POOJA HANUMAIAH v. THE DEPUTY COMMISSIONER

WP/28176/2025 · 2025-09-19

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:37783 WP No. 28176 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28176 OF 2025 (KLR-RES) BETWEEN: 1. SRI POOJA HANUMAIAH S/O LATE POOJAPPA AGED ABOUT 85 YEARS R/AT. NO. CHANNASANDRA VILLAGE, HESARAGHATTA HOBLI, BENGALURU ADDL NORTH, BENGALURU - 560 098 (PETITIONER NOT CLAIMING ANY SENIOR CITIZEN BENEFIT) 2. SRI. CHANDRU S/O LATE RAMANJINAPPA AGED ABOUT 32 YEARS R/AT. NO. 20, 7TH MAIN, HEGGANAHALLI CROSS, BENGALURU NORTH TALUK, BENGALURU - 560 091 3. SRI. MANJUNATH S/O LATE RAMANJINAPPA AGED ABOUT 33 YEARS R/AT. CHANNASANDRA VILLAGE, BYATHA POST HESARAGHATTA HOBLI, BENGALURU ADDL NORTH, BENGALURU - 560 098 4. SMT. NETHRAVATHI D/O LATE RAMANJINAPPA AGED ABOUT 28 YEARS R/AT. HONNASANDRA VILLAGE\ Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37783 WP No. 28176 of 2025 MATHAHALLI, DASANAPURA HOBLI, BANGALORE NORTH TALUK BENGALURU - 562 162 …PETITIONERS (BY SRI. MAHESHKIRAN SHETTY S.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, BENGALURU URBAN DISTRICT, BENGALURU - 560 009 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH DIVISION, BENGALURU - 560 009 3. THE TAHASILDAR YELAHANKA TALUK, YELAHANKA BENGALURU - 560 064 4. SMT. MARAHANUMAKKA W/O LATE KRISHNAPPA AGED ABOUT 51 YEARS 5. SRI HANUMANTHARAJU S/O LATE KRISHNAPPA AGED ABOUT 33 YEARS RESPONDETENT NOS. 4 AND 5 BOTH R/AT. CHANNASANDRA VILLAGE, BYATHA POST, HESARAGHATTA HOBLI, BENGALURU ADDL NORTH, BENGALURU - 560 098 …RESPONDENTS (BY SRI: V SESHU, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- - 3 - HC-KAR NC: 2025:KHC:37783 WP No. 28176 of 2025 QUASH THE ORDER PASSED BY THE R1 DEPUTY COMMISSIONER BENGALURU IN RP/252/2025 DATED 31.07.2025 VIDE ANNEXURE-G.GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE ORDER PASSED BY THE R1 DEPUTY COMMISSIONER, BENGALURU IN RP/252/2025 DATED 31.07.2025 VIDE ANNEXURE-G AND ETC., THIS PETITION, COMING ON FOR ORDERS 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 other respondents 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 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. - 4 - HC-KAR NC: 2025:KHC:37783 WP No. 28176 of 2025 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. 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.: 12