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2025 DAILYLAW 90630 (KAR)

SRI N RAGHUMURTHY v. STATE OF KARNATAKA

WP/38018/2025 · 2025-12-16

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54047 WP No. 38018 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 38018 OF 2025 (GM-RES) BETWEEN: SRI N RAGHUMURTHY SON OF T. NINGAPPA NAYAKA AGED ABOUT 61 YEARS RESIDING AT NO. 264, VAISHNAVI NILAYA 1ST MAIN, VINAYAKA LAYOUT HANUMAGIRI TEMPLE NAGARBAVI, BENGALURU KARNTAKA 560 072 …PETITIONER (BY SRI. SREEVATSA., SR. ADVOCATE FOR SRI. T N VISWANATHA.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M. S. BUILDING, VIDHANA SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU, KARNATAKA - 560 001. 2. THE DEPUTY COMMISSIONER KG ROAD, NEAR DISTRICT REGISTRAR OFFICE AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA 560009. 3. THE ADDITIONAL DEPUTY COMMISSIONER KG ROAD, NEAR DISTRICT REGISTRAR OFFICE AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54047 WP No. 38018 of 2025 BENGALURU, KARNATAKA 560009. 4. THE ASSISTANT COMMISSIONER KANDAYA BHAVAN, 2ND FLOOR, KEMPEGOWDA ROAD (K.G. ROAD), BENGALURU, KARNATAKA -560009. 5. THE TAHSILDHAR NO.15, 4TH FLOOR, ABOVE SHARAVATHI HOTEL, YELAHANKA, BENGALURU, KARNATAKA 560064. …RESPONDENTS (BY SRI. B. RAVINDRANATH., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT BY THE IMPUGNED COMMUNICATIONS DATED 14/11/2025, 04/12/2025 BEARING NO. A.L.N/JAALA/C.R/28/2023-2024 AND NO. L.N.D/Y/C.R/166/2023-24 ADDRESSED BY THE DEPUTY COMMISSIONER TO THE ASSISTANT COMMISSIONER AND INTURN COMMUNICATION BEARING NO. LDN/YLK/CR/ 87/2025-26 ADDRESSED BY THE ASSISTANT COMMISSIONER, BENGALURU NORTH TO THE TAHSILDHAR DATED 09/12/2025 WITH A DIRECTION TO LODGE AN FIR UNDER SECTION 192(A) OF THE KARNATAKA LAND REVENUE ACT, 1964 AT THE JURISDICTIONAL POLICE STATION AND TO SUBMIT THE REPORT ALONG WITH THE FIR AND RELEVANT DOCUMENTS AT ANNEXURES - A, B AND C RESPECTIVELY, ISSUED BY THE RESPONDENT AUTHORITIES AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:54047 WP No. 38018 of 2025 ORAL ORDER 1. Learned AGA accepts notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs: a) Issue a Writ of Certiorari or any other appropriate Writ by quashing the impugned communications dated 14/11/2025, 04/12/2025 bearing No. A.L.N/Jaala/C.R/28/2023-2024 and L.N.D/Y/C.R/166/ 2023-24 addressed by the Deputy Commissioner to the Assistant Commissioner and in turn communication bearing No. LDN/YLK/CR: 87/2025-26 addressed by the Assistant Commissioner, Bengaluru North to the Tahsildhar dated 09/12/2025 with a direction to lodge an FIR under Section 192(A) of the Karnataka Land Revenue Act, 1964 at the jurisdictional Police Station and to submit the report along with the FIR and relevant documents at ANNEXURES - A, B and C respectively, issued by the Respondent authorities. b) Issue any other appropriate Writ or direction as this Hon'ble Court deems fit to grant under the circumstances of the case. c) And this Writ Petition may be allowed with costs, in the interest of justice and equity. 3. The short grievance of the petitioner is that without issuing any notice, criminal proceedings for offence under Section 192A of the Karnataka Land Revenue Act, 1964 is proposed to be initiated against the petitioner, which is in violation of the orders passed - 4 - HC-KAR NC: 2025:KHC:54047 WP No. 38018 of 2025 by the co-ordinate Bench of this court vide its order dated 22.09.2008 in WP No. 3969 and 9198 of 2007. 4. Learned AGA, on instructions, submits that before initiating criminal proceedings against the petitioner, a notice would be issued to the petitioner and the petitioner would be given an opportunity to reply to the same and thereafter necessary orders would be passed. The said submission answers the grievance of the petitioner. 5. The petition stands disposed accordingly SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl.No.: 37