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2025 DAILYLAW 90474 (KAR)

M/S H M PLANTATION PRIVATE LIMITED v. THE DEPUTY COMMISSIONER

WP/27009/2025 · 2025-09-11

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35958 WP No. 27009 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 27009 OF 2025 (KLR-RES) BETWEEN: 1. M/S H M PLANTATION PRIVATE LIMITED A PRIVATE LIMITED INCORPORATED UNDER COMPANIES 1956, HAVING ITS REGISTERED OFFICE ET 84, K. H. ROAD, BENGALURU PRESENTLY CARRYING BUSINESS AT NO 14 GENEVA HOUSE, CUNNINGHAM ROAD, BENGALURU REPRESENTED BY ITS MANAGING DIRECTOR MR. H.J. SIWANI, SON OF MR. J.K. SIWANI, AGED ABOUT 64 YEARS. 2. M/S H.M. SIWA FINANCIAL SERVICES PRIVATE LIMITED A PRIVATE LIMITED COMPANY INCORPORATED UNDER COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT 84, K. H. ROAD, BENGALURU PRESENTLY CARRYING BUSINESS AT NO 14, GENEVA HOUSE, CUNNINGHAM ROAD, BENGALURU REPRESENTED BY ITS MANAGING DIRECTOR MR. H.J. SIWANI, SON OF MR. J.K. SIWANI, AGED ABOUT 64 YEARS. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35958 WP No. 27009 of 2025 3. M/S H M HOLIDAY PRIVATE LIMITED HOMES A PRIVATE LIMITED COMPANY INCORPORATED UNDER COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT 84, K. H. ROAD, BENGALURU REPRESENTED BY ITS MANAGING DIRECTOR MR. H.J. SIWANI, SON OF MR SIWANI, AGED ABOUT 64 YEARS. …PETITIONERS (BY SRI. SREEVATSA, SENIOR COUNSEL FOR SRI. SYED KHAMRUDDIN, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU, K. G. ROAD, BENGALURU - 560 009. 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION, K.G. ROAD, BENGALURU 560 009. 3. THE TAHSILDAR BENGALURU EAST TALUK, K. R. PURAM, BENGALURU – 560 036. 4. SRI. V. SHIVA LINGAIAH AGED ABOUT 50 YEARS, SON OF LATE VENKATAPPA @ VENKATESHAPPA RESIDING AT NALLURAHALLI VILLAGE, K. R. PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU – 560 036. 5. D PRATHAP S/O DHANAJAYA REDDY, - 3 - HC-KAR NC: 2025:KHC:35958 WP No. 27009 of 2025 R/O NO. 901, SHESHASAI NILAYA, 5TH MAIN ROAD, CHOWDESWARI LAYOUT, MARATHAHALLI, BENGALURU – 560 037. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH,AGA FOR R-1 TO R-3) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTIO OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER WRIT OR ORDER SETTING ASIDE THE ORDER DATED 20.06.2025 IN R.P. NO. 1/ 2024 PASSED BY THE 1 RESPONDENT DISMISSING THE REVISION PETITION FILED BY THE PETITIONERS UNDER SECTION 136 (3) OF THE KARNATAKA LAND REVENUE ACT, 1954 (ANNEXURE-A). 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 Nos.1 to 3. Notice to respondent Nos.4 and 5 is not necessary for the following reasons. 2. Learned High Court Government Pleader raises a preliminary objection that having regard to the amendment brought to Section 136(1) of the Karnataka - 4 - HC-KAR NC: 2025:KHC:35958 WP No. 27009 of 2025 Land Revenue Act, 1964, w.e.f., 10.01.2025, the petitioners 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 petitioners to 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. Office is hereby directed to return the original/certified copies to the petitioners while retaining a copy of the same for the file. Sd/- (R DEVDAS) JUDGE BMC/List No.: 1 Sl No.: 9