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2025 DAILYLAW 89655 (KAR)

MUNIKRISHNAPPA DEAD BY LRS v. THE ASSISTANT COMMISSIONER,

WP/37378/2025 · 2025-12-12

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52836 WP No. 37378 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 37378 OF 2025 (KLR-RES) BETWEEN: 1. MUNIKRISHNAPPA DEAD BY LRS SMT.AMMAIAMMA W/O LATE MUNIKRISHNAPPA AGED ABOUT 70 YEARS. 2. RAMAKRISHNAPPA S/O LATE MUNIRAMAIAHA AGED ABOUT 65 YEARS 3. SRI.MUNESH S/O.LATE.MUNIRAMAIAH AGED ABOUT 60 YEARS 4. SRI. VENKATESH S/O LATE. MUNIRAMAIAH AGED ABOUT 53 YEARS 5. SRI MUNIKRISHNA.C.M S/O LATE CHIKKAMUNISWAMAPPA AGED ABOUT 49 YEARS. 6. SRI SRINIVASA S/O LATE KAVERAPPA AGED ABOUT 60 YEARS. 7. SRI.AMBARISH S/O SRINIVAS AGED ABOUT 33 YEARS. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52836 WP No. 37378 of 2025 8. SRI HARISH S/O SRINIVAS AGED ABOUT 35 YEARS. 9. SRI.SATHISH S/O SRINIVAS AGED ABOUT 36 YEARS ALL ARE R/AT CHIKKANAGAMANGALA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT. 560099 …PETITIONERS (BY SRI. RAMESH KUMAR R V., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION BENGALURU-560001. 2. THE THASILDAR ANEKAL TALUK, ANEKAL-562106. 3. SMT.JAYALAKSHMI W/O.LATE.SRI. G. SRINIVASA MURTHY AGED ABOUT 43 YEARS RESIDING AT NO.53, 1ST MAIN ROAD PARVATHIPURAM, V.V.PURAM BENGALURU - 560004. (BY GPA HOLDER SRI PARAMESH.T) S/O. THAMMAYYAPPA AGED ABOUT 43 YEARS RESIDING AT NO.223, 6TH CROSS BHUVANESHWARI COLONY YAMALURU, MARATHALLI POSA BENGALURU NORTH TALUK BENGALURU DISTRICT-560037. 4. SMT KALAVATHI W/O LATE NAGARAJU AGE MAJOR - 3 - HC-KAR NC: 2025:KHC:52836 WP No. 37378 of 2025 5. SRI ANIL KUMAR S/O LATE NAGARAJU AGE MAJOR R4 AND R5 ARE R/AT CHIKKANAGAMANGALA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT- 560099. …RESPONDENTS (BY SRI.SHAMANTH NAIK, HCGP FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 02/05/2025, PASSED IN RA (A) 183/2025, BY THE 1ST RESPONDENT, DIRECTING THE 2ND RESPONDENT TO MUTATE/ENTER THE NAME OF THE 3RD RESPONDENT HEREIN/APPELLANT THEREIN IN THE REVENUE RECORDS IN RESPECT TO THE LANDS BEARING NEW SY NO 184, 184/1, 184/2, 184/3 AND 184/4 (OLD NO 72/4) IN TOTAL TO AN EXTENT OF 4 ACRES AND 13 GUNTAS OF CHIKKANAGAMANGALA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER AGA accepts notice for respondent Nos. 1 and 2. 2. Petitioners have called in question the correctness of the order dated 02.05.2025 passed by the Assistant Commissioner. It is noticed that the order is passed under Section 136(2) of the Karnataka Land Revenue Act, 1964 (for - 4 - HC-KAR NC: 2025:KHC:52836 WP No. 37378 of 2025 short, ‘1964 Act’) and that, against the said order, statutory remedy is available under Section 136(3) of the 1964 Act. 3. In the light of the same, without entering into the merits, the petitioner is relegated to avail of the remedy under Section 136(3) of the 1964 Act as against Annexure-A. 4. In the interregnum, there would be an order of status- quo regarding revenue entries, as on date, for a period of four weeks. 5. Needless to state that, the petitioner to approach the Deputy Commissioner as against the impugned order, within a period of four weeks. In the event, an appeal is filed, request for interim prayer, if any, to be considered within one week from the date of filing. 6. Notice to respondent Nos.3 to 5 is dispensed with in the light of relegating the petition to avail of the alternative remedy. Sd/- (S SUNIL DUTT YADAV) JUDGE Cm/- List No.: 1 Sl No.: 11