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2026 DAILYLAW 19951 (KAR)

M/S THERELEK ENGINEERS PRIVATE LIMITED v. THE TAHASILDAR

WP/13613/2026 · 2026-06-04

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26308 WP NO.13613 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.13613 OF 2026 (KLR-RES) BETWEEN: M/S THERELEK ENGINEERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT: NO.70-71, 3RD PHASE, PEENYA INDUSTRIAL AREA, BENGALURU - 560 058. REP. BY ITS AUTHORIZED SIGNATORY, SRI. RAKESH RANGANATHASWAMY AND SRI. NARAYANA BHAT. …PETITIONER (BY SRI. N. MAHALINGA BHAT, ADVOCATE) AND: 1. THE TAHASILDAR PAVAGADA TALUK, TUMAKURU DISTRICT - 561 202. 2. THE ASSISTANT COMMISSIONER MADHUGIRI SUB-DIVISION, MADHUGIRI, PAVAGADA TALUK, TUMAKURU DISTRICT - 572 132. 3. SRI. SHIVAKUMAR, S/O SRI. NARASIMHAPPA, R/O NERALE KUNTE VILLAGE, KASABA HOBLI, PAVAGADA TALUK, TUMAKURU DISTRICT - 561 202. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 AND R2; NOTICE TO R3 IS DISPENSED WITH) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26308 WP NO.13613 OF 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENTS DATED 02ND APRIL, 2026 ISSUED BY THE RESPONDENT NO.2-ASSISTANT COMMISSIONER IN CASE NOS.RRT(A)(Pa):27/2026, 28/2026 AND 29/2026 VIDE ANNEXURES 'A', 'B', AND 'C'; DIRECT THE RESPONDENT NO.2 TO ENTERTAIN AND ADJUDICATE THE APPEAL FILED UNDER SECTION 136(2) OF THE KARNATAKA LAND REVENUE ACT, 1964 ON MERIT IN ACCORDANCE WITH LAW, WITHIN A TIME BOUND PERIOD AS MAY BE FIXED BY THIS HON'BLE COURT; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER Smt. B.P. Radha, learned Additional Government Advocate accepts notice for respondents 1 and 2. Notice to respondent No.3 is dispensed with. 2. In this petition, the petitioner is challenging the Endorsements dated 02nd April, 2026 (Annexures 'A', 'B' and 'C') issued by the respondent No.2-Assistant Commissioner; inter alia sought for a direction to the respondent No.2 to entertain and adjudicate the appeal filed under Section 136(2) - 3 - HC-KAR NC: 2026:KHC:26308 WP NO.13613 OF 2026 of the Karnataka Land Revenue Act, 1964 on merits in accordance with law. 3. Heard Sri. N. Mahalinga Bhat, learned counsel appearing for the petitioner and Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents 1 and 2. 4. Having taken note of the submission made by learned counsel appearing for the parties, I find force in the submission made by learned counsel appearing for the petitioner that, as the appeal has been preferred by the petitioner under Section 136(2) of the Karnataka Land Revenue Act, 1964, the respondent No.2-Assistant Commissioner ought to have issued notice to respondents therein and thereafter dispose of the appeal in accordance with law. However, without doing so, the respondent No.2 issued impugned endorsements dated 02nd April, 2026 (Annexures 'A', 'B' and 'C'), which requires to be set-aside. Accordingly, I pass the following: O R D E R (i) Writ Petition allowed; - 4 - HC-KAR NC: 2026:KHC:26308 WP NO.13613 OF 2026 (ii) Impugned endorsements dated 02nd April, 2026 (Annexures 'A', 'B', and 'C') issued by the respondent No.2-Assistant Commissioner are hereby set-aside and matter is remitted to the respondent No.2 for fresh consideration; (iii) The respondent No.2 is directed to issue notice to the parties concerned and thereafter take decision in the matter in accordance with law by registering the appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 30