- 1 - HC-KAR CNR: KAHC010196372018 NC: 2026:KHC:45580 WP No. 47253 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.47253 OF 2018 (KLR-RES) BETWEEN: 1. SRI. NARASIMHA POOJARY S/O SRI ANTHA POOJARY, AGED ABOUT 55 YEARS, R/AT HOLAKADI HOUSE, UPPUNDA VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576104. …PETITIONER (BY SRI. RAJESH SHETTIGAR, ADVOCATE) AND: 1. DEPUTY COMMISSIOENR RAJATHADRI, MANIPAL, UDUPI DISTRICT-576104. 2. ASSISTANT COMMISSIONER KUNDAPURA TALUK, UDUPI DISTRICT-576104. 3. THE THASILDAR KUNDAPURA TALUK, UDUPI DISTRICT-576104. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010196372018 NC: 2026:KHC:45580 WP No. 47253 of 2018 4. SRI. SEETHARAMA GANIGA S/O SRI GOVINDA GANIGA, AGED: MAJOR R/AT UPPUNDA VILLAGE AND POST, KKUNDAPURA TALUK, UDUPI DISTRICT-576 232. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3; SRI. K. PRASAD HEGDE, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY RESPONDENT NO.1 DATED 01.10.2018 IN CASE NO. LND. .S.R. 48/2018 AT ANNEXURE-A;AND ETC. 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 Sri. Rajesh Shettigar, Learned counsel appearing for the petitioner; Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for the respondent-State and Sri. K. Prasad Hegde, Learned counsel appearing for the respondent No.4. - 3 - HC-KAR CNR: KAHC010196372018 NC: 2026:KHC:45580 WP No. 47253 of 2018 2. In this writ petition, the petitioner is assailing the Endorsement dated 01.10.2018 in LND.S.R.48/2018, vide Annexure-A, inter alia, sought a direction to respondent No.1 to decide the appeal filed by the petitioner under Section 50 of the Karnataka Land Revenue Act, 1964. 3. Having heard the learned counsel appearing for the parties and upon careful consideration of the material on record, it would indicate that the cause of action arose pursuant to the conclusion of the proceedings dated 22.05.2006, vide Annexure-D, passed by respondent No.2, which was confirmed by respondent No.1 as per Annexure-E. Thereafter, respondent No.3 passed a fresh order, vide Annexure- F, setting aside the grant of land made in favour of Sri. Narasimha Poojary. - 4 - HC-KAR CNR: KAHC010196372018 NC: 2026:KHC:45580 WP No. 47253 of 2018 4. Aggrieved by the said order, Sri. Narasimha Poojary, the petitioner herein, preferred an appeal before respondent No.2 under Section 49(2) of the Karnataka Land Revenue Act, 1964. Thereafter, he preferred an appeal under Section 50 of the said Act before respondent No.1. 5. In view of the above, I am of the opinion that the appeal preferred by the petitioner before respondent No.1 is maintainable. Therefore, the endorsement at Annexure-A requires to be set aside and the matter is required to be remitted to respondent No.1 for fresh consideration, after taking into consideration the material available on record. 6. Needless to say, it is open to the parties to produce any additional documents before respondent No.1, if so advised. Accordingly, I pass the following: - 5 - HC-KAR CNR: KAHC010196372018 NC: 2026:KHC:45580 WP No. 47253 of 2018 ORDER (i) The writ petition is allowed. (ii) The impugned Endorsement dated 01.10.2018 in LND.S.R.48/2018, issued by respondent No.1-Deputy Commissioner, vide Annexure-A, is hereby set aside. (iii) The matter is remitted to respondent No.1 for fresh consideration of the appeal filed by the petitioner, in accordance with law and in the light of the observations made above. (iv) The interim order granted by this Court on 23.10.2018 shall continue to operate until the conclusion of the proceedings before respondent No.1. (v) Respondent No.1 shall conclude the proceedings within an outer limit of four - 6 - HC-KAR CNR: KAHC010196372018 NC: 2026:KHC:45580 WP No. 47253 of 2018 months from the date of appearance of the parties. (vi) Since the parties are represented by their respective learned counsel, they are directed to appear before respondent No.1 on 25.09.2026 at 3:00 p.m. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 49