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2026 DAILYLAW 34482 (KAR)

SMT JAYALAKSHMI v. STATE BY KARNATAKA

WP/9076/2024 · 2026-07-28

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010166252024 NC: 2026:KHC:39298 WP No. 9076 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.9076 OF 2024 (KLR-RES) BETWEEN: SMT. JAYALAKSHMI W/O LATE VENKATESH, AGED ABOUT 50 YEARS, RESIDING AT BOGADI VILLAGE, KASABA HOBLI, MYSURU TALUK - 570026. …PETITIONER (BY SRI. H.V. PRAVEEN GOWDA, ADVOCATE) AND: 1. STATE BY KARNATAKA REVENUE DEPARTMENT, M.S BUILDING, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY. 2. THE JOINT DIRECTOR OF LAND RECORDS MYSURU TALUK, MYSURU DISTRICT - 570 026. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS MYSURU TALUK, MYSURU DISTRICT - 570 026. 4. NATIONAL COMMISSION FOR SCHEDULED CASTES 5TH FLOOR, LOK NAYAK BHAWAN, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010166252024 NC: 2026:KHC:39298 WP No. 9076 of 2024 KHAN MARKET, NEW DELHI - 110 003. BY HON. MEMBER. KENCHEGOWDA S/O LATE NEELEGOWDA (DECEASED AND LRS ARE ALREADY ON RECORD) 5. SRI. GIRIGOWDA S/O LATE KENCHEGOWDA, AGED ABOUT 69 YEARS. 6. SRI. GOVINDEGOWDA S/O LATE KENCHEGOWDA, AGED ABOUT 60 YEARS. 7. SRI. HONNEGOWDA S/O LATE KENCHEGOWDA, AGED ABOUT 51 YEARS. 8. SRI. K.S. RAJASHRI SUBBAIAH W/O LATE K.K. SUBBAIAH AGED ABOUT 50 YEARS. RESPONDENTS NO. 5 TO 8 ARE R/AT BOGADI VILLAGE, GADDIGE MAIN ROAD, KASABA HOBLI, MYSURU TALUK - 570 026. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R3; SRI. M. SUBRAMANI, ADVOCATE FOR R5 TO R7; R8 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 16.08.2022 PASSED BY THE RESPONDENT NO.2 UPON THE DIRECTION OF THE RESPONDENT NO.4 VIDE ANNEXURE-A; AND ETC. - 3 - HC-KAR CNR: KAHC010166252024 NC: 2026:KHC:39298 WP No. 9076 of 2024 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 In the present writ petition, the petitioner has assailed the order dated 16.08.2022 at Annexure-A passed by respondent No.2 pursuant to the directions issued by respondent No.4. 2. Heard learned counsel appearing for the parties. 3. Having heard the learned counsel appearing for the parties, it is not in dispute that the petitioner has challenged the order passed by respondent No.3 before respondent No.2 in R.P. No.7/2022-23. During the pendency of the said proceedings, respondent No.2, acting on the directions issued by respondent No.4 pursuant to the proceedings initiated under the - 4 - HC-KAR CNR: KAHC010166252024 NC: 2026:KHC:39298 WP No. 9076 of 2024 provisions relating to the National Commission for Scheduled Castes, has temporarily stayed the proceedings. 4. In the light of the submissions made by the learned counsel appearing for the parties, it is evident that the proceedings pending before respondent No.2 arise out of a challenge to the order passed by respondent No.3 under the provisions of the Karnataka Land Revenue Act, 1964. The appellate proceedings are required to be adjudicated independently by the competent statutory authority in accordance with the provisions of the said Act. Respondent No.4 has no jurisdiction to interfere with or issue directions affecting the discharge of the statutory functions of the authorities constituted under the Karnataka Land Revenue Act, 1964. - 5 - HC-KAR CNR: KAHC010166252024 NC: 2026:KHC:39298 WP No. 9076 of 2024 5. Accordingly, I find merit in the submissions made on behalf of the petitioner. Hence, the following: ORDER (i) The writ petition is allowed. (ii) The order dated 14.08.2022 at Annexure-A passed by respondent No.2 is hereby set aside. (iii) Respondent No.2 is directed to consider and dispose of R.P. No.7/2022-23 expeditiously, in accordance with law, after affording a reasonable opportunity of hearing to all the parties concerned, in respect of the land in question. (iv) All rival contentions of the parties are kept open to be urged before respondent No.2. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 53