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2026 DAILYLAW 31120 (KAR)

THIMMARAYAPPA v. THE ASSISTANT COMMISSIONER

WP/21506/2026 · 2026-07-22

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010472512026 NC: 2026:KHC:37724 WP No. 21506 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 21506 OF 2026 (KLR-RES) BETWEEN: THIMMARAYAPPA, S/O GANGAPPA, AGED ABOUT 72 YEARS, R/AT KALLIKERE VILLAGE, LAKKUR HOBLI, POST CHIKKATHIRUPATHI, MALUR TALUK, KOLAR DISTRICT, REPRESENTED BY HIS GPA HOLDER, MANJUNATHA S/O THIMMARAYAPPA, AGED ABOUT 31 YEARS, PIN CODE 563160 …PETITIONER (BY SRI. K.N.MAHABALESHWARA RAO.,ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR, KOLAR DISTRICT-563 101. 2. THE TAHSILDAR MALUR TALUK, MALUR, KOLAR DISTRICT-563 130. 3. SRINIVAS S/O LATE NADUPAPPA, AGED ABOUT 50 YEARS, 4. SUNIL KUMAR S/O LATE NADUPAPPA, AGED ABOUT 35 YEARS, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010472512026 NC: 2026:KHC:37724 WP No. 21506 of 2026 5. D MUNIYAPPA S/O LATE DODDAPPA, AGED ABOUT 46 YEARS, 6. NARAYANASWAMY S/O LATE DODDAPPA, AGED ABOUT 43 YEARS, 7. SEETHARAMAIAH S/O LATE MUNISHAMY, AGED ABOUT 50 YEARS, 8. MUNIRAJU S/O LATE MUNISHAMY, AGED ABOUT 47 YEARS, RESPONDENTS NO.3 TO 8 ARE R/AT KALLIKERE VILLAGE, POST CHIKKATHIRUPATHI, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563 160. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT/ORDER DIRECTION TO SET ASIDE THE INTIMATION/LETTER DATED 06.04.2026 BEARING CASE NUMBER R.A.C.R. NO.148/2026 ISSUED BY THE ASSISTANT COMMISSIONER, KOLAR SETA SIDE THE SUB DIVISION KOLAR (ANNEXURE-L) AND M.R.NO.H18/2024-25, DATED 17/9/2024, (ANNEXURE- H) IN RESPECT OF LAND BEARING SY.NO.156/2, MEASURING TO AN EXTENT OF 30 GUNTAS AND LAND BEARING SY.NO. 156/9, MEASURING TO AN EXTENT OF 27 GUNTAS, SITUATED AT KALLIKERE VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT 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 - 3 - HC-KAR CNR: KAHC010472512026 NC: 2026:KHC:37724 WP No. 21506 of 2026 ORAL ORDER Learned HCGP accepts notice for respondent Nos. 1 and 2. Notice to respondent Nos. 3 to 8 is dispensed with. 2. In this petition, petitioner is assailing the endorsement dated 06.04.2026 issued by respondent No.1 (Annexure-L). 3. Having heard the learned counsel for the parties and on careful consideration of the impugned endorsement at Annexure L, it indicates that the petitioner has filed an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964 and the same has not been considered by the respondent No.1 as required under Section 136(2) of the Act read with the Rules provided thereunder. 4. In that view of the matter, the impugned order/ endorsement dated 06.04.2026 passed by respondent No.1 (Annexure-L) is accordingly, set aside. The matter is remitted to respondent No.1 to re-consider the appeal filed - 4 - HC-KAR CNR: KAHC010472512026 NC: 2026:KHC:37724 WP No. 21506 of 2026 by the petitioner afresh and after, hearing both the sides, take a decision in the matter, in accordance with law. It is also to be noted that the respondent No.1 shall expeditiously consider the appeal preferred by the petitioner. Accordingly, the writ petition is allowed. Sd/- (E.S.INDIRESH) JUDGE CM List No.: 1 Sl No.: 28