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2026 DAILYLAW 37854 (KAR)

SMT SHAKEERA v. THE STATE OF KARNATAKA

WP/26910/2026 · 2026-08-29

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010597072026 NC: 2026:KHC:46853 WP No. 26910 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 26910 OF 2026 (KLR-RES) BETWEEN: 1. SMT SHAKEERA W/O LATE JAHAGIR SAB, D/O LATE SHEIK HUSSAIN, AGED ABOUT 54 YEARS, R/AT ISLAMNAGAR, WARD NO.9, VIJAYAPURA, BENGALURU RURAL DISTRICT - 562135. …PETITIONER (BY SMT. SUMATHI S..,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, M.S.BUILDING, AMBEDKAR VEEDHI, BANGALORE 560 001. 2. THE SPECIAL DEPUTY COMMISSIONER, ADMINISTRATIVE BHAVAN, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562110. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010597072026 NC: 2026:KHC:46853 WP No. 26910 of 2026 3. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203. 4. TAHSILDAR, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT 562110. …RESPONDENTS (BY SRI. SPOORTHI HEGDE N, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DT 31-3-2026 IN R.A (DE) CR NO.45/2026 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-L BY ALLOWING THIS PETITIONISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DT 05-03-2026 TO THE 3RD RESPONDENT VIDE ANNEXURE-K AND REPRESENTATION DT 21-02-2025 TO THE 4TH RESPONDENT VIDE ANNEXURE-J BY FIXING REASONABLE TIME AS THIS HONBLE COURTS DEEMS FIT IN FACTS AND CIRCUMSTANCES OF THE CASE. 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 Learned High Court Government Pleader accepts notice for the respondents. 2. In this writ petition, the petitioner has challenged the endorsement dated 31.03.2026 issued by the third respondent (Annexure-L). - 3 - HC-KAR CNR: KAHC010597072026 NC: 2026:KHC:46853 WP No. 26910 of 2026 3. Having heard the learned counsel appearing for the parties, it is forthcoming from the impugned endorsement at Annexure-L that, the said order has been passed by the Assistant Commissioner, Doddaballapura Sub-Division, Doddaballapura. However, the said endorsement has been signed by the Tahsildar, Office of the Assistant Commissioner, Doddaballapura Sub-Division, Doddaballapura. It is stated in the petition that the appeal is preferred, under Section 136(2) of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act’). 4. In that view of the matter, the Tahsildar, Office of the Assistant Commissioner has no jurisdiction to issue the impugned endorsement at Annexure-L in the letter- head of the Assistant Commissioner in an appeal filed under Section 136(2) of the Act. 5. In that view of the matter, it is a clear non- application of mind by the respondent - Authorities. - 4 - HC-KAR CNR: KAHC010597072026 NC: 2026:KHC:46853 WP No. 26910 of 2026 Accordingly, I pass the following: ORDER i) Writ petition is allowed ii) The impugned endorsement at Annexure-L dated 31.03.2026 is set aside. iii) The matter is remitted to respondent No.3 to re-consider the issue afresh and take a decision in the matter in accordance with law, after affording an opportunity of hearing to the petitioner. iv) Parties are directed to appear before respondent No.3 on 5th October, 2026 at 3.00 p.m. without awaiting further notice in this regard. SD/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 41