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2025 DAILYLAW 90579 (KAR)

SMT. JAYAMMA v. THE DEPUTY COMMISSIONER

WP/27558/2025 · 2025-09-11

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35959 WP No. 27558 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. 27558 OF 2025 (KLR-RES) BETWEEN: SMT. JAYAMMA SINCE DEAD BYHER LRS 1. MURALI S/O LATE CHITTA REDDY AGED ABOUT 39 YEARS. 2. SURESH BABU S/O LATE CHITTA REDDY AGED ABOUT 36 YEARS. 3. SUDHA D/O LATE CHITTA REDDY AGED ABOUT 34 YEARS ALL ARE R/AT SHETTIHALLI VILLAGE, KASABA HOBLI ANEKAL TALULK 562106 BENGALURU URBAN DISTRICT. …PETITIONERS (BY SRI. GOPALA H.M., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU - 560 009. 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH TALUK BENGALURU 560 009. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35959 WP No. 27558 of 2025 3. THE SPECIAL TAHASILDAR ANEKAL TALUK ANEKAL – 562 106. 4. T. RAMAIAH S/O LATE THIPPAGA @THIPPAIAH AGED ABOUT 65 YEARS R/AT THATAHALLIL VILLAGE, KASABA HOBLI, ANEKAL TALUK 562106 BENGALURU URBAN DISTRICT. …RESPONDENTS (BY SRI. V. SHESHU, AGA FOR R-1 TO R-3) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER OR DIRECTION, QUASHING THE ORDER DT.31-07-2025, PASSED BY THE 1ST RESPONDENT, LEARNED DEPUTY COMMISSIONER, CASE BENGALURU URBAN DISTRICT, BENGALURU, IN RP.NO.35/2016, PRODUCED AT ANNEXURE-A TO THE WRIT PETITION. CONSEQUENTLY, RESTORE THE ORDER DT.23- 03-2016, PASSED BY THE 2ND RESPONDENT ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB-DIVISION IN RA. (A)323/2014-15, VIDE ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35959 WP No. 27558 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondents Nos.1 to 3. Notice to respondent No.4 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 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 - HC-KAR NC: 2025:KHC:35959 WP No. 27558 of 2025 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.: 13