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2026 DAILYLAW 36197 (KAR)

SRI PADMA HARIJANA v. STATE OF KARNATAKA

WP/14247/2026 · 2026-08-20

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010313012026 NC: 2026:KHC:44986 WP No. 14247 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 14247 OF 2026 (KLR-RES) BETWEEN: 1. SRI. PADMA HARIJANA S/O LATE NAKKURA, AGED ABOUT 55 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 2. SRI. SANJEEVA, S/O LATE KARIYA, AGED ABOUT 44 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 3. SRI. HARISHA, S/O LATE KITTU, AGED ABOUT 39 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010313012026 NC: 2026:KHC:44986 WP No. 14247 of 2026 4. SRI. SUNDARA, S/O LATE KARIYA, AGED ABOUT 50 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 5. SRI SHEENA, S/O LATE KARIYA, AGED ABOUT 46 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 6. SRI. RAVI, S/O LATE BACHA, AGED ABOUT 42 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 7. SRI. BAPPAYYA, S/O LATE ENKURA AND LATE BALLEDI, AGED ABOUT 59 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 8. SMT. GULABI, W/O LATE SUNDARA, AGED ABOUT 38 YEARS, RESIDING AT POYYAGUDDE HOUSE, - 3 - HC-KAR CNR: KAHC010313012026 NC: 2026:KHC:44986 WP No. 14247 of 2026 PADANGADY VILLAGE AND POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. …PETITIONERS (BY SRI. THANOJ KUMAR.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, DAKSHINA KANNDA DISTRICT MANGALURU - 575007. 3. THE ASSISTANT COMMISSIONER, PUTTUR SUB-DIVISION, PUTTUR, DAKSHINA KANNADA DISTRICT - 574201. 4. THE TAHSILDAR, BELTHANGADY TALUK, BELTHANGADY, DAKSHINA KANNADA DISTRICT-574233. 5. SMT. JANAKI, D/O LATE PARDESHI, AGED ABOUT 55 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, - 4 - HC-KAR CNR: KAHC010313012026 NC: 2026:KHC:44986 WP No. 14247 of 2026 PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 6. SRI. BOGRA, S/O LATE PARDESHI, AGED ABOUT 52 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 7. SRI. THANIYA @ BOLLU, S/O LATE PARDESHI, AGED ABOUT 54 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 8. SRI THIMMAPPA, S/O LATE PARDESHI, AGED ABOUT 52 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 9. SMT. GULABI, D/O LATE AITHAPPA, AGED ABOUT 50 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, - 5 - HC-KAR CNR: KAHC010313012026 NC: 2026:KHC:44986 WP No. 14247 of 2026 BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 10. SMT. ASHWITHA, D/O LATE AITHAPPA, AGED ABOUT 33 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 11. SRI. PREETHAM, S/O LATE AITHAPPA, AGED ABOUT 25 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 12. SMT. AKSHATHA, D/O LATE AITHAPPA, AGED ABOUT 23 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574233. 13. SMT. VIJAYALAKSHMI, D/O LATE BABU, AGED ABOUT 33 YEARS, RESIDING AT PURIYA HOUSE, MALADI VILLAGE, PUNJALAKATTE POST, BELTHANGADY TALUK, - 6 - HC-KAR CNR: KAHC010313012026 NC: 2026:KHC:44986 WP No. 14247 of 2026 DAKSHINA KANNADA DISTRICT-574233. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4; SRI. PRASAD K.S., ADVOCATE FOR R5, R7, R8, R11 AND R13; R9, R10 & R12 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 19.09.2025 PASSED BY THE RESPONDENT NO.2 - DEPUTY COMMISSIONER IN RAP NO. 20/2025, AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioners are assailing the order dated 19.09.2025 passed by respondent No.2-Deputy Commissioner, in RAP.No.20/2025 (Annexure-A) and seeking such other reliefs as may be permissible in law. 2. Heard Sri. Thanoj Kumar, learned counsel appearing for the petitioners; Smt. B.P. Radha, - 7 - HC-KAR CNR: KAHC010313012026 NC: 2026:KHC:44986 WP No. 14247 of 2026 learned Additional Government Advocate appearing for the respondent-State and Sri. Prasad K.S., learned counsel appearing for the respondent Nos. 5, 7, 8, 11 and 13. 3. Having heard the learned counsel appearing for the parties and upon careful consideration of the impugned order at Annexure-A, it is evident that respondent No.2-Deputy Commissioner dismissed the revision petition on the ground that there was a delay of four years in filing the same. 4. However, taking into consideration the order sheet produced by the petitioners at Annexure-B, and the submission of the learned counsel for the petitioners that an application seeking condonation of delay had already been filed before respondent No.2, and further considering that the property rights of the parties are required to be adjudicated by respondent - 8 - HC-KAR CNR: KAHC010313012026 NC: 2026:KHC:44986 WP No. 14247 of 2026 No.2 in exercise of revisional jurisdiction, I am of the opinion that respondent No.2 ought to have taken a liberal view while considering the application for condonation of delay and thereafter, adjudicated the revision petition on merits. 5. In that view of the matter, the following order is passed: ORDER i. The writ petition is allowed. ii. The order dated 19.09.2025 passed by respondent No.2-Deputy Commissioner in RAP.No.20/2025 (Annexure-A) is hereby set aside. iii. The matter is remitted to respondent No.2 for reconsideration of the revision petition - 9 - HC-KAR CNR: KAHC010313012026 NC: 2026:KHC:44986 WP No. 14247 of 2026 afresh, after affording an opportunity of hearing to all the parties. iv. Since the parties are represented through their respective learned counsel, they are directed to appear before respondent No.2 on 28.09.2026 at 3:00 p.m. v. All contentions of the parties are kept open. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 6