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2026 DAILYLAW 33640 (KAR)

SRI. SHIVAKUMAR v. THE STATE OF KARNATAKA

WP/2375/2024 · 2026-08-03

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010048342024 NC: 2026:KHC:40639 WP No. 2375 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 2375 OF 2024 (KLR-RES) BETWEEN: SRI. SHIVAKUMAR S/O. SANNEGOWDA, AGED ABOUT 53 YEARS, R/AT DADAHALLI VILLAGE, MALLIPATTANA HOBLI, ARAKALGUDU TALUK - 573 102, HASSAN DISTRICT. …PETITIONER (BY SRI. M.B. CHANDRA CHOODA, ADVOCATE FOR SRI. SHANTAKUMAR K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, M.S. BUILDINGS, AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201. 3. ASSISTANT COMMISSIONER SAKALESHAPURA SUB-DIVISION, SAKALESHAPURA - 573 134. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010048342024 NC: 2026:KHC:40639 WP No. 2375 of 2024 4. THE TAHASILDAR ARAKALAGUDU TALUK, ARAKALAGUDU - 573 102, HASSAN DISTRICT. 5. SRI. B. N. BASSAPPA S/O. NANJAPPA, AGED ABOUT MAJOR, 6. SRI. NAGARAJU S/O. BASAPPA, AGED ABOUT MAJOR, 7. SRI. BASAVARAJAPPA S/O. SIDDAPPA, AGED ABOUT MAJOR, RESPONDENTS NO.5 TO 7 ARE RESIDING AT BASAVANAHALLI VILLAGE, MALLIPATTANA HOBLI, ARAKALAGUDU TALUK, HASSAN DISTRICT - 573 102. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4 SRI. P.S. MOHAN, ADVOCATE AND SMT. NIRMALA, ADVOCATE FOR R6 AND R7 R5 - B.N. BASAPPA SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 24.11.2023 PASSED BY THE R-3 IN N.O. NCR32/2006-07 VIDE ANNX-M. GRANT AN INTERIM ORDER TO STAYING THE EXECUTION AND IMPLEMENTATION - 3 - HC-KAR CNR: KAHC010048342024 NC: 2026:KHC:40639 WP No. 2375 of 2024 OF THE IMPUGNED ORDER DTD 24.11.2023 PASSED BY THE R- 3 IN NO. NCR 32/2006-07 VIDE ANNX-M. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learner counsel appearing for the parties. 2. In this writ petition, the petitioner is assailing the order dated 24.11.2023 (Annexure-M) passed by respondent No.3. 3. A perusal of the record would indicate that there is already two remand orders made in respect of the subject land as to the cancellation of the grant made in favour of the private respondents. In this regard, I have carefully considered the order dated 28.09.2006 (Annexure-K) passed by respondent No.3, so also, the impugned order dated 24.11.2023 passed by respondent No.3. In that view of the matter, I am of the view that, the petitioner is having an efficacious remedy before the competent authority under the provisions of the Karnataka Land Revenue Act, 1964. - 4 - HC-KAR CNR: KAHC010048342024 NC: 2026:KHC:40639 WP No. 2375 of 2024 4. Accordingly, the petitioner is relegated to approach the competent authority by challenging the impugned order passed by respondent No.3. In that view of the matter, I am of the view that, the interim order granted by this Court shall enure to the benefit of the petitioner for a period of two months from today to enable the petitioner to approach the competent authority by way of appeal. With these observations, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE HDK List No.: 1 Sl No.: 55