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2025 DAILYLAW 89216 (KAR)

SMT JAYAMMA v. STATE OF KARNATAKA

WP/11339/2025 · 2025-08-18

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31921 WP No. 11339 of 2025 C/W WP No. 11123 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. 11339 OF 2025 (KLR-RES) C/W WRIT PETITION NO. 11123 OF 2025 (KLR-RES) IN WP No. 11339/2025 BETWEEN: 1. SMT. JAYAMMA W/O LATE PUTTAIAH, AGED ABOUT 60 YEARS, R/A HALMIDI VILLAGE, BELUR TALUK, HASSAN DISTRICT-573115. 2. SMT. LAKSHMAMMA, W/O CHANDRAIAH, AGED ABOUT 55 YEARS, R/A THEGURU VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101 3. SRI PUNITH, S/O PUTTASWAMY, AGED ABOUT 26 YEARS, R/A TIRALURU VILLAGE, BELUR TALUK, HASSAN DISTRICT.573115. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31921 WP No. 11339 of 2025 C/W WP No. 11123 of 2025 4. SRI POORNESH, S/O PUTTASWAMY, AGED ABOUT 28 YEARS, R/A TIRALURU VILLAGE, BELUR TALUK, HASSAN DISTRICT-573115. 5. H.CHANDRU, S/O HUCHAIAH, AGED ABOUT 60 YEARS, R/A TIRALURU VILLAGE, R/O THEGURU VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101 …PETITIONERS (BY SRI. NAVEEN J N., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE 560001 REP. BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU – 577101 3. THE ASSISTANT COMMISSIONER CHIKKAMAGALURU SUB DIVISION, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU – 577101 4. THE TAHASILDAR, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101 - 3 - HC-KAR NC: 2025:KHC:31921 WP No. 11339 of 2025 C/W WP No. 11123 of 2025 5. SRI HANUMANTHAIAH @ DANAPPA, S/O HANUMAMMA, AGED ABOUT YEARS, 6. SRI THIMMAIAH, S/O HANUMAMMA, AGED ABOUT YEARS, 7. SMT NEELAMMA, W/O LATE BHADRAIAH, AGED ABOUT YEARS, RESPONDENT NOS.5 TO 7 ARE R/A THEGURU VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT 577 101 8. SMT NETHRAVATHI, W/O RANGANATH, AGED ABOUT YEARS, RESIDING AT MAGADI VILLAGE, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101 9. SMT. DEEPA, W/O RAGHU, AGED ABOUT YEARS, RESIDING AT KENGENAHALLI VILLAGE, LAKYA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101 10. SRI VENKATESH, S/O HANUMAMMA, AGED ABOUT YEARS, - 4 - HC-KAR NC: 2025:KHC:31921 WP No. 11339 of 2025 C/W WP No. 11123 of 2025 11. SMT. NEELAMMA, W/O PARAMESH, AGED ABOUT YEARS, 12. SRI VISHNU, S/O KENCHAIAH, AGED ABOUT YEARS, 13. SMT. GANGAMMA, W/O KENCHAIAH, AGED ABOUT YEARS, 14. SRI NAVEEN, S/O NINGAMMA, AGED ABOUT YEARS, 15. SRI DINESH, S/O RATHNAMMA AGED ABOUT YEARS, RESPONDENT NOS.10 TO 15 ARE RESIDING AT THEGURU VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101 16. SRI YOGEESH, S/O KALLAPPA, AGED ABOUT YEARS, RESIDING AT NALLURU VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 R4) - 5 - HC-KAR NC: 2025:KHC:31921 WP No. 11339 of 2025 C/W WP No. 11123 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE 3RD RESPONDENT ASSISTANT COMMISSIONER IN R.A. NO. 186/2012 DATED 07/4/2021 MARKED AT ANNX-E TO THE WP AND QUASH THE ORDER PASSED BY THE R2 DEPUTY COMMISSIONER IN RP NO. 20/2021-22 DATED 18/2/2025 MARKED AT ANNX-F TO THE WP AND ETC. IN WP NO. 11123/2025 BETWEEN: 1. SMT JAYAMMA W/O LATE PUTTAIAH, AGED ABOUT 60 YEARS, RESIDING AT HALMIDI VILLAGE, BELUR TALUK, HASSAN DISTRICT-573115. 2. SMT. LAKSHMAMMA, W/O CHANDRAIAH, AGED ABOUT 55 YEARS, RESIDING AT THEGURU VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101 3. SRI PUNITH, S/O PUTTASWAMY, AGED ABOUT 26 YEARS, RESIDING AT TIRALURU VILLAGE, BELUR TALUK, HASSAN DISTRICT.573115. 4. SRI POORNESH, S/O PUTTASWAMY, - 6 - HC-KAR NC: 2025:KHC:31921 WP No. 11339 of 2025 C/W WP No. 11123 of 2025 AGED ABOUT 28 YEARS, RESIDING AT TIRALURU VILLAGE, BELUR TALUK, HASSAN DISTRICT-573115. 5. H.CHANDRU, S/O HUCHAIAH, AGED ABOUT 60 YEARS, RESIDING AT THEGURU VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101 ...PETITIONERS (BY SRI. NAVEEN J N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560001 REP. BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU – 577101 3. THE ASSISTANT COMMISSIONER, CHIKKAMAGALURU SUB DIVISION, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU – 577101. 4. THE TAHASILDAR, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101. 5. SRI HANUMANTHAIAH @ DANAPPA, S/O HANUMAMMA, AGED ABOUT YEARS, - 7 - HC-KAR NC: 2025:KHC:31921 WP No. 11339 of 2025 C/W WP No. 11123 of 2025 6. SRI THIMMAIAH, S/O HANUMAMMA, AGED ABOUT YEARS, 7. SMT NEELAMMA, W/O LATE BHADRAIAH, AGED ABOUT YEARS, RESPONDENT NOS.5 TO 7 ARE RESIDING AT THEGURU VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101 8. SMT NETHRAVATHI W/O RANGANATH, AGED ABOUT YEARS, RESIDING AT MAGADI VILLAGE, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101 9. SMT. DEEPA W/O RAGHU, AGED ABOUT YEARS, RESIDING AT KENGENAHALLI VILLAGE, LAKYA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101 10. SRI VENKATESH, S/O HANUMAMMA, AGED ABOUT YEARS, 11. SMT. NEELAMMA, W/O PARAMESH, AGED ABOUT YEARS, - 8 - HC-KAR NC: 2025:KHC:31921 WP No. 11339 of 2025 C/W WP No. 11123 of 2025 12. SRI VISHNU, S/O KENCHAIAH, AGED ABOUT YEARS, 13. SMT. GANGAMMA, W/O KENCHAIAH, AGED ABOUT YEARS, 14. SRI NAVEEN, S/O NINGAMMA, AGED ABOUT YEARS, 15. SRI DINESH, S/O RATHNAMMA AGED ABOUT YEARS, RESPONDENT NOS.10 TO 15 ARE RESIDING AT THEGURU VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101. 16. SRI YOGEESH, S/O KALLAPPA, AGED ABOUT YEARS, RESIDING AT NALLURU VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101. ...RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE R3 ASSISTANT COMMISSIONER IN RA NO. 20/2013 DTD 07.04.21 MARKED - 9 - HC-KAR NC: 2025:KHC:31921 WP No. 11339 of 2025 C/W WP No. 11123 of 2025 AT ANNX-E TO THE WRIT PETITION QUASHING THE ORDER PASSED BY THE R2 DEPUTY COMMISSIONER IN RP NO. 19/22 DTD 18.02.25 MARKED AT ANNX-F TO THE WP INCLUDING THE COST OF THE PROCEEDINGS AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate 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 orders passed by the Deputy Commissioner under Section 136(3) of the Act. 2. Upholding the submissions made by the learned Additional Government Advocate, the writ petitions stand dismissed while reserving liberty to the petitioners to approach the Karnataka Appellate Tribunal. However, the - 10 - HC-KAR NC: 2025:KHC:31921 WP No. 11339 of 2025 C/W WP No. 11123 of 2025 respondents are hereby directed not to take any precipitative action for a period of four weeks to enable the petitioners to approach the Karnataka Appellate Tribunal. Sd/- (R DEVDAS) JUDGE JT/- CT: JL