Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 2853 (KAR)

N PARTHASARATHI v. STATE OF KARNATAKA

WP/9689/2026 · 2026-04-06

R Devdas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:18335 WP No. 9689 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 9689 OF 2026 (KLR-RES) BETWEEN: 1. N.PARTHASARATHI S/O LATE NARAYANA GOWDA AGED ABOUT 48 YEARS 2. CHANDRAPPA S/O LATE NACHAPPA AGED ABOUT 68 YEARS THE PETITIONER NO.1 AND 2 ARE RESIDING AT MANCHAHALLI VILLAGE, TALUK KOLAR DISTRICT- 563 114. …PETITIONERS (BY SRI. ABHINAY Y.T., ADVOCATE FOR SRI. THILAK ITTANGUR B.N., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDINGS, BENGALURU- 560 001. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18335 WP No. 9689 of 2026 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR- 563 101. 3. THE ASSISTANT COMMISSIONER, KOLAR DISTRICT, KOLAR- 563 101. 4. THE TAHSILDAR, BANGARPET TALUK KOLAR DISTRICT, KOLAR- 563 114. …RESPONDENTS (BY SMT. B.P.RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2-DEPUTY COMMISSIONER TO ACT ON THE COMMUNICATION DATED 07.01.2026 BEARING NO.RD-3-LGK 2026 DATED 07.01.2026 (ANNX-F) IN THE TIME BOUND MANNER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:18335 WP No. 9689 of 2026 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for all the respondents. 2. Learned counsel for the petitioners submits that the petitioners have given representation to the Additional Chief Secretary, Revenue Department seeking necessary directions to the Deputy Commissioner, Kolar District for changing the path of cart road which is existing on the property belonging to the petitioners and the Additional Chief Secretary, by communication dated 07.01.2026 at Annexure-F, directed the Deputy Commissioner to consider the request made by the petitioners. The prayer in the writ petition is to direct respondent No.2 - Deputy Commissioner, Kolar District to act in terms of the communication dated 07.01.2026. 3. In the considered opinion of this Court, the competent authority is the Deputy Commissioner and the - 4 - HC-KAR NC: 2026:KHC:18335 WP No. 9689 of 2026 representation should have been given to the Deputy Commissioner along with all requisite details. That not having been done, such a direction cannot be issued to the Deputy Commissioner. 4. Accordingly, writ petition stands disposed of reserving liberty to the petitioners to give fresh representation to the Deputy Commissioner along with all the requisite documents to enable the Deputy Commissioner to consider the request for changing the path of the cart way. If such an application is filed by the petitioners, the Deputy Commissioner shall consider the same in accordance with law and pass necessary orders as expeditiously as possible and at any rate within a period of two months from the date when which the application would be given to the Deputy Commissioner. Ordered accordingly. - 5 - HC-KAR NC: 2026:KHC:18335 WP No. 9689 of 2026 Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 8