Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 11202 (KAR)

SRI. M. SHANKAR v. THE STATE OF KARNATAKA

WP/11120/2026 · 2026-04-10

R Devdas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:20193 WP No. 11120 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 11120 OF 2026 (KLR-RES) BETWEEN: 1. SRI. M. SHANKAR S/O LATE MUNISHAMI REDDY AGED ABOUT 69 YEARS, 2. SMT. BHAGYAMMA W/O SRI. M. SHANKAR AGED ABOUT 67 YEARS BOTH ARE RESIDING AT SHIVARAPATTANA VILLAGE, KASABA HOBLI, MALUR TALUK MALUR – 563 130. ALSO RESIDES AT: NO. 13, MSR APARTMENT, NEAR SAI PALACE APARTMENT, HORAMAVU MAIN ROAD, 1ST CROSS, GREAT INCHARA HOTEL BANASWADI, BENGALURU – 560 043. …PETITIONERS (BY SRI.VIVEK SUBBA REDDY, SR. COUNSEL FOR SRI. SUBBA REDDY K N, ADVOCATE) Digitally signed by YASHODA K L Location: High Court Of Karnataka - 2 - HC-KAR NC: 2026:KHC:20193 WP No. 11120 of 2026 AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU – 560 001. 2. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, KOLAR DISTRICT – 563 101. 3. THE TAHSILDAR MALUR TALUK, MALUR – 563 130. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 26-2-2026 IN LNDRUC/76/2020 PASSED BY THE ASSISTANT COMMISSIONER THE RESPONDENT NO. 2 VIDE 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 all the respondents. - 3 - HC-KAR NC: 2026:KHC:20193 WP No. 11120 of 2026 2. The learned High Court Government Pleader raises a primary objection that the order impugned is passed by the Assistant Commissioner, Kolar Sub-Division, invoking Rule 108K of the Karnataka Land Revenue Rules, 1961, and has cancelled the grant made in favour of the petitioner. Such an order passed by the Assistant Commissioner is appealable in terms of Section 49(b) of the Karnataka Land Revenue Act before the Deputy Commissioner. 3. Learned Senior Counsel Sri.Vivek Subba Reddy, appearing for the petitioners however submits that there is violation of principles of natural justice and therefore, the petitioners have approached this Court. 4. Having regard to the admitted fact that the petitioner has appeared before the Assistant Commissioner after receiving notice from the Assistant Commissioner, the petitioner cannot submit that there is violation of principles of natural justice. - 4 - HC-KAR NC: 2026:KHC:20193 WP No. 11120 of 2026 5. Accordingly, the writ petition stands disposed of reserving liberty to the petitioners to approach the Deputy Commissioner. However, since the Assistant Commissioner has cancelled the grant made in favour of the petitioners after lapse of 27 years, reasonable time should be granted to the petitioners to approach the Deputy Commissioner and secure appropriate interim orders. Therefore, the operation of the impugned order shall stand stayed for a period of four weeks to enable the petitioners to approach the Deputy Commissioner and secure appropriate interim orders. 6. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL