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2026 DAILYLAW 14722 (KAR)

NARASIMHAIAH v. THE STATE OF KARNATAKA

WP/4611/2026 · 2026-02-13

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9172 WP No. 4611 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 4611 OF 2026 (KLR-RES) BETWEEN: 1. NARASIMHAIAH S/O. LATE HANUMANTHAIAH, AGED ABOUT 85 YEARS, R/AT HEGGADATIHALLI, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130. 2. ANUSUYAMMA, D/O. NARASIMHAIAH, AGED ABOUT 44 YEARS, R/AT KINCHAWADI VILLAGE, HURIYUR DURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130. 3. MAYAMMA, D/O. NARASIMHAIAH, AGED ABOUT 47 YEARS, R/AT KINCHAWADI VILLAGE, HURIYUR DURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130. 4. GOVINDARAJA, S/O. NARASIMHAIAH, AGED ABOUT 35 YEARS, R/AT HEGGADATIHALLI, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9172 WP No. 4611 of 2026 5. LAKSHMI NARASIMHAIAH N., S/O. NARASIMHAIAH, AGED ABOUT 39 YEARS, R/AT HEGGADATIHALLI, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT- 572 130. …PETITIONERS (BY SRI. MANJUNATH S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, DC OFFICE, TUMAKUR DISTRICT, TUMKUR-572101. 3. THE ASSISTANT COMMISSIONER, TUMKUR SUB DIVISION, TUMKUR-572130. 4. THE TAHASILDAR, KUNIGAL TALUK, TALUK OFFICE, KUNIGAL-572130. 5. THIMMAMMA, W/O. LATE THIMMAIAH, AGED ABOUT 89 YEARS, R/AT HEGGADATIHALLI, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130. 6. NARASIMHAIAH, S/O LATE THIMMAIAH, AGED ABOUT 65 YEARS, R/AT HEGGADATIHALLI, - 3 - HC-KAR NC: 2026:KHC:9172 WP No. 4611 of 2026 KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130. 7. RAMANNA, S/O LATE THIMMAIAH, AGED ABOUT 62 YEARS, R/AT HEGGADATIHALLI, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE R2 TO FIX A DATE OF HEARING ON AN APPLICATION FILED UNDER SECTION 55 OF THE KARNATAKA LAND REVENUE ACT IN RP NO. 24/2025-26 AND DISPOSE OF THE SAID APPLICATION IN A TIME BOUND MANNER VIDE ANNX-N. 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 Additional Government Advocate takes notice for respondents No.1 to 4. Notice to respondent Nos.5 to 7 is not necessary for the following reasons. 2. The grievance of the petitioners is that the second respondent-Deputy Commissioner, Tumkur District is not taking up the Interlocutory Application filed by the - 4 - HC-KAR NC: 2026:KHC:9172 WP No. 4611 of 2026 petitioners in R.P.No.24/2025 filed by the petitioners seeking stay of the orders passed by the Assistant Commissioner at Annexure-L. 3. This Court had noted similar grievances raised in several writ petitions pertaining to the appeals filed before the Deputy Commissioners under Section 5A of the PTCL Act, 1978, pursuant to which the Additional Chief Secretary of Revenue Department has issued a Communication dated 30.01.2026 to all the Deputy Commissioners in the State to take up the Interlocutory Applications and pass orders of stay in the pending appeals. Similar Communications will have to be made by the Additional Chief Secretary in respect of the revision petitions that would be filed under Section 136(3) of the Karnataka Land Revenue Act. If the Deputy Commissioners failed to consider the interlocutory applications, there may be serious consequences flowing from the orders passed by the Assistant Commissioners. - 5 - HC-KAR NC: 2026:KHC:9172 WP No. 4611 of 2026 4. Learned Additional Government Advocate is directed to place this order before the Additional Chief Secretary, Revenue Department for prompt action. The Writ Petition is accordingly disposed of with a specific direction to respondent No.2 - Deputy Commissioner, Tumkur District to consider the interlocutory application filed by the petitioners and pass necessary orders immediately after receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE KA, List No.: 1 Sl No.: 10