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2026 DAILYLAW 36748 (KAR)

MR.YATHISH SHETTY v. THE STATE OF KARNATAKA

WP/24772/2026 · 2026-08-19

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010544482026 NC: 2026:KHC:44536 WP NO.24772 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.24772 OF 2026 (KLR-RES) BETWEEN: MR.YATHISH SHETTY S/O SHEENA SHETTY, AGED ABOUT 47 YEARS, MANAGER OF "SRI. SRINIVAS PRASAD STONE CRUSHERS", R/AT DARKASHT HOUSE, NALLUR POST AND VILLAGE, KARKALA TALUK - 574 144. …PETITIONER (BY SRI. A. ANURAGH KINI, ADVOCATE FOR SRI. DHANANJAY KUMAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001. REP.BY ITS CHIEF SECRETARY. 2. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALURU - 575 001. 3. THE ASSISTANT COMMISSIONER MANGALURU SUB-DIVISION, MANGALURU, DAKSHINA KANNADA - 575 001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010544482026 NC: 2026:KHC:44536 WP NO.24772 OF 2026 4. THE TAHSILDAR, MOODBIDRI TALUK, DAKSHINA KANNADA DISTRICT - 574 227. 5. NAGARAJA S/O LATE VADIVELU, AGED ABOUT 58 YEARS, R/AT MANTRADI, KAIKAMBA, NELLIKAR VILLAGE, MOODBIDRI TALUK, DAKSHINA KANNADA DISTRICT. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 16TH JULY, 2024 PASSED BY THE RESPONDENT NO.2-DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, MANGALURU, IN CASE NO.CDS:R.A.P:59/2020-21 VIDE ANNEXURE-A; REMAND THE MATTER TO THE RESPONDENT NO.2 FOR FRESH DISPOSAL OF CASE NO.CDS:R.A.P:59/2020-21 IN ACCORDANCE WITH LAW, AFTER IMPLEADING THE PETITIONER AS A PARTY THERETO AND AFFORDING HIM AN OPPORTUNITY OF HEARING; 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 ORAL ORDER Sri. Spoorthy Hegde N., learned High Court Government Pleader accepts notice for respondents 1 to 4. - 3 - HC-KAR CNR: KAHC010544482026 NC: 2026:KHC:44536 WP NO.24772 OF 2026 2. In this petition, the petitioner is challenging the order dated 16th July, 2024 (Annexure-A) passed by the respondent No.2-Deputy Commissioner in Case No.CDS:R.A.P:59/2020-21; inter alia sought for remanding the matter to the respondent No.2 for fresh disposal of Case No. CDS:R.A.P:59/2020-21, after impleading the petitioner as a party and affording him an opportunity of hearing. 3. Heard Sri. A. Anurag Kini, learned counsel on behalf of Sri. Dhananjay Kumar, appearing for the petitioner and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents 1 to 4. 4. Having heard the learned counsel appearing for the parties, on perusal of the averments made in the writ petition, it is forthcoming that the petitioner herein claims to be the Manager of the Stone Crushers named as "Sri. Srinivas Prasad Stone Crushers", which is established adjacent to the land which was granted to the respondent No.5 herein. On perusal of the finding recorded in the impugned order dated 16th July, 2024 (Annexure-A), the same would indicate that the respondent No.2-Deputy Commissioner, after considering the - 4 - HC-KAR CNR: KAHC010544482026 NC: 2026:KHC:44536 WP NO.24772 OF 2026 material on record, had rightly arrived at a conclusion, not to interfere with the land granted in favour of the respondent No.5. Therefore, taking into consideration the fact that the petitioner herein being a Manager of the Stone Crusher in question, which is established adjacent to the subject land, I am of the view that, the petitioner has no locus standi to challenge the order passed by the respondent No.2. It is also to be noted that, the petitioner herein is a not party in the impugned proceedings before the respondent No.2. Accordingly, writ petition is dismissed with cost of Rs.10,000/- to be payable by the petitioner to the Karnataka State Legal Services Authority. Registry is directed to send the copy of this order to the Member Secretary, Karnataka Legal Services Authority, Bengaluru. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 30