Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35935 WP No. 36553 of 2024 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. 36553 OF 2024 (KLR-RES) BETWEEN:
1. SRI.SUBRAYAPPA S/O LATE VENKATAPPA AGED ABOUT 76 YEARS R/O GUMMAKALLU VILLAGE G. MARANDAHALLI POST MULBAGAL TALUK KOLAR DISTRICT PIN CODE 563132 VIJAY KUMAR, GPA HOLDER OF THE PETITIONER. …PETITIONER (BY SRI. CHINMAY KURANDWAD FOR SRI GOPALKRISHNA PRALHAD KURANDWAD, ADVOCATES) AND:
1.
STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHAN SOUDHA DR. AMBEDKAR ROAD BENGALURU PIN CODE 560001 Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:35935 WP No. 36553 of 2024
2.
THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR PIN CODE 563101.
3.
THE TAHASILDAR MULABAGAL TALUK MULBAGAL KOLAR DISTRICT PIN CODE 563131.
4.
CHANNARAYASWAMY DEVARU GUMMAKAL VILLAGE MARANDAHALLI POST MULBAGAL TALUK KOLAR DISTRICT PIN CODE 563132 BY TAHASILDAR MULBAGAL TALUK.
5.
SRI CHENNARAYASWAMY TEMPLE DEVELOPMENT TRUST BY M. SRINIVASACHARI AGED 58 YEARS S/O MARISAMACHARI R/O GUMMAKALLU VILLAGE G. MARANDAHALLI POST MULBAGAL TALUK KOLAR DISTRICT PIN CODE 563132 INDIAN REGISTERED UNDER THE TRUST ACT. …RESPONDENTS (BY SRI MOHAMMED JOFFAR SHAH, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD 16.10.2021 ISSUED BY THE R-3 BEARING NO. RT/CR/267/2021-22 MARKED AS ANNX-E TO THE WRIT PETITION.
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HC-KAR NC: 2025:KHC:35935 WP No. 36553 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER
The learned Additional Government Advocate takes notice for the respondents No.1 to 3.
2. Notice to the other respondents is not necessary for the following reasons:
3. The learned counsel for the petitioner submits that the petitioner had earlier approached this Court in WP No.6842/2020 calling in question an order passed by the Deputy Commissioner under the provisions of the Mysore (Religious and Charitable) Inams Abolition Act, 1955 on the ground that the Deputy Commissioner was not the competent Authority to consider the application. This Court by order dated 29.03.2021 held that pursuant to the amendment dated 01.05.1979 by Act No.26 of 1979, the words 'Deputy Commissioner' were substituted with the word 'Tribunal' and the jurisdiction to try all applications for registration as an occupant and determine the tenancy rights was vested in the
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HC-KAR NC: 2025:KHC:35935 WP No. 36553 of 2024 Land Tribunal. Accordingly, the order passed by the Deputy Commissioner and the Karnataka Appellate Tribunal were set aside while directing the Tahsidlar to place Form No.7 application of the petitioner before the Land Tribunal for re-
consideration, and disposal, strictly in accordance with law.
4. The learned counsel for the petitioner submits that when the Tahsildar, the Chairperson of the Tribunal was approached with the said order, the Tahsildar has issued the impugned endorsement at Annexure-E, stating that he did not find any information regarding Form No.7 said to have been filed by the petitioner in his office.
5. The learned Additional Government Advocate submits that since the orders were passed by the Deputy Commissioner, Form No.7 may be in the office of the Deputy Commissioner and not with the Tahsildar.
6. In that view of the matter, writ petition stands
disposed of while directing the Deputy Commissioner, Kolar District to find out from his office that pursuant to the order passed by the Deputy Commissioner in proceedings bearing
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HC-KAR NC: 2025:KHC:35935 WP No. 36553 of 2024 No.LRF.INM (MBL)118/2007-08 dated 01.07.2014, Form No.7 filed by the petitioner is still available in the office of the Deputy Commissioner. If the same is found, the Deputy Commissioner shall immediately forward the same to the Land Tribunal in terms of the direction issued by this Court in WP No.6842/2020 to enable the Land Tribunal to reconsider the matter after issuing notice to all the concerned.
7. The entire exercise shall be completed as expeditiously as possible and at any rate, within a period of two months from the date of receipt of certified copy of this order.
8. The learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE BKM List No.: 1 Sl No.: 24