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2025 DAILYLAW 83722 (KAR)

SRI SHANKARAPPA, v. THE STATE OF KARNATAKA

WP/22195/2025 · 2025-07-24

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28514 WP No. 22195 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 22195 OF 2025 (KLR-RES) BETWEEN: SRI SHANKARAPPA, S/O. SRI. RANGAPPA NAIK, AGED ABOUT 53 YEARS, R/AT. ANDAVALLI VILLAGE, SORABA TALUK, SHIVAMOGGA DISTRICT - 577 429 …PETITIONER (BY SRI. NAGENDRA KUMAR K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, DR. B.R. AMBEDKAR VEEDHI, M.S. BUILDING, BENGALURU – 560 001 2. THE ASSISTANT COMMISSIONER SAGARA SUB DIVISION, SAGARA, SHIVAMOGGA DISTRICT – 577 401 3. THE DEPUTY COMMISSIONER, SHIVAMOGGA TALUK, SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577 401’ Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28514 WP No. 22195 of 2025 4. THE TAHASILDAR COMMITTEE FOR REGULARISATION UNAUTHORISED CULTIVATION, SORABA TALUK, SORABA, SHIVAMOGGA DISTRICT - 577 429 5. SRI. PAVAN KUMAR S/O. SRI. RAMACHANDRAPPA, AGED ABOUT 32 YEARS, R/AT. ANDAVALLI VILLAGE, CHANDRAGUTHI HOBLI, SORABA TALUK, SHIVAMOGGA DISTRICT 577 429 …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, ADVOCATE R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 27.02.2025 IN LND NO.13/2023, PASSED BY THE RESPONDENT NO.3, AS PER ANNEXURE - T, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Sri.Siddharth Baburao, learned Additional Government Advocate accepts notice for respondent Nos.1 to 4. - 3 - HC-KAR NC: 2025:KHC:28514 WP No. 22195 of 2025 2. In this writ petition, the petitioner is assailing the impugned order dated 27.02.2025 in LND No.13/2023 (Annexure-T) passed by respondent No.3. 3. Heard the learned counsel appearing for the parties. 4. On careful examination of the writ papers, it would indicate that the petitioner and respondent No.5 are claiming the rights in respect of the subject land, as a beneficiaries under the Bagar Hukum Scheme. 5. On careful consideration of the order dated 26.10.2023 (Annexure-N) passed by respondent No.2, makes it clear that the appeal preferred by respondent No.5 was rejected. 6. It is also forthcoming from the finding recorded by respondent No.3 at Annexure-T that, no relevant documents have been produced by the parties with regard to the cultivation being made in the subject land. Accordingly, respondent No.3 has remanded the matter to respondent No.2 for fresh consideration. - 4 - HC-KAR NC: 2025:KHC:28514 WP No. 22195 of 2025 7. In that view of the matter, since respondent No.3 has remanded the matter to respondent No.2 for conducting a fresh enquiry and to take decision in the matter, I am of the view that, this Court has limited jurisdiction to interfere with the order of remand made by the respondent-Authorities. Accordingly, no interference is called for in this writ petition. 8. Accordingly, the writ petition is rejected. Sd/- (E.S.INDIRESH) JUDGE SMC List No.: 1 Sl No.: 47