- 1 - HC-KAR NC: 2025:KHC:36722 WP No. 26267 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26267 OF 2025 (KLR-RES) BETWEEN: SRI. RAJA NAIK S/O LATE LACHMA NAIK AGED ABOUT 51 YEARS AGRICULTURIST R/O ARALIKOPPA VILLAGE HRIYUR POST, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 302. …PETITIONER (BY SRI. V B SHIVAKUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS SECRETARY M S BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201. 3. THE ASSISTANT COMMISSIONER SUB-DIVISION MAGISTRATE SHIVAMOGGA - 577 201. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36722 WP No. 26267 of 2025 4. SMT. SEETHABAI W/O LATE LACHMA NAIK AGED ABOUT 75 YEARS 5. SHRI DEVLA NAIK S/O LATE LACHMA NAIK AGED ABOUT 46 YEARS RESPONDENTS 4 AND 5 R/AT ARALIKOPPA VILLAGE HIRIYUR POST BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 302. 6. SHRI. DEEPAK NAIK S/O LATE RAMA NAIK AGED ABOUT 37 YEARS NIDIGE VILLAGE, NIDIGE POST SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT - 577 222. 7. SHRI. RAVIKUMAR S/O LATE RAMA NAIK AGED ABOUT 35 YEARS NIDIGE VILLAGE, NIDIGE POST SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT - 577 222. 8. SMT. KALIBAI W/O LATE KRISHNA NAIK AGED ABOUT 50 YEARS BHAVIKERE VILLAGE BHAVIKERE POST TARIKERE TALUK CHIKKAMAGALURU DISTRICT - 577 144. - 3 - HC-KAR NC: 2025:KHC:36722 WP No. 26267 of 2025 9. SMT. SHANTHIBAI W/O GANGA NAIK KALPANAHALLI VILLAGE, KUDLIGERE POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 233. 10. SRI. VENKYA NAIK S/O LATE LACHMA NAIK AGED ABOUT 44 YEARS RESIDING AT ARALIKOPPA VILLAGE HIRIYUR POST, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 302. 11. SMT. KAMALABAI D/O LATE LACHMA NAIK AGED ABOUT 42 YEARS DEVIBAI D/O LATE LACHMA NAIK SINCE DECEASED BY HER LRS (RESPONDENTS 5 AND 6) RESPONDENTS 10 AND 11 ARE ALL RESIDING AT ARALIKOPPA VILLAGE HIRIYUR POST, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 302. 12. THE TAHSHILDAR BHADRAVATHI TALUK BHADRAVATHI - 577 302. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R3, R12) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) FOR A WRIT IN THE - 4 - HC-KAR NC: 2025:KHC:36722 WP No. 26267 of 2025 NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION TO QUASH THE FOLLOWING ORDERS (1). ORDER DATED 02.06.2025 IN R.A. NO. 43/2024 PASSED THE BY DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA. COPY OF THE ORDER DATED 02.06.2025 IN R.A. NO. 43/2024 IS PRODUCED HEREWITH AS ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 No.1 to 3 and 12. Notice to respondents Nos.4 to 11. 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 petitioner 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. - 5 - HC-KAR NC: 2025:KHC:36722 WP No. 26267 of 2025 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 petitioner while retaining a copy of the same for the file. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 7 CT: BHK