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2026 DAILYLAW 41602 (KAR)

SRI MOGANNAGOWDA v. ASSISTANT COMMISSIONER

WP/25897/2026 · 2026-09-22

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010563692026 NC: 2026:KHC:52271 WP No. 25897 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.25897 OF 2026 (KLR-RES) BETWEEN: 1. SRI. MOGANNAGOWDA S/O CHANNEGOWDA, AGED ABOUT 55 YEARS, R/AT NO.84, GOBBALI KAVAUL VILLAGE, ARAKALAGUDU TALUKU, VTC: GABALLI KAVAL, HASSAN – 573130. 2. SRI. YOGESH S/O CHANNEGOWDA, AGED ABOUT 47 YEARS, GABBALI KAVALU, KONANURU HOBLI, ARAKALAGUDU TALUK, VTC: GABBALI KAVAL, HASSAN – 573130. …PETITIONERS (BY SRI. PRAVEEN S., ADVOCATE) AND: 1. ASSISTANT COMMISSIONER SAKLESHPURA SUB DIVISION, HASSAN DISTRICT - 573 134. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010563692026 NC: 2026:KHC:52271 WP No. 25897 of 2026 2. TAHSILDAR BELUR TALUK, MINI VIDHANA SOUDHA, BELUR TOWN, HASSAN DISTRICT – 573115. 3. SWAMY GOWDA S/O JAVAREGOWDA, AGED ABOUT 49 YEARS SALGAME HOBLI, HASSAN TALUK, SHANKA SHANKA, HASSAN-573219. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 & R2 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER IN R.A. NO.206/2025-26 DATED 08.10.2025 PASSED BY THE RESPONDENT NO.1 IN ANNEXURE- A; 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 1. Heard Sri. Praveen S., learned counsel appearing for the petitioners, and Sri. Aditya Diwakara, learned Additional Government Advocate appearing for the respondent-State. - 3 - HC-KAR CNR: KAHC010563692026 NC: 2026:KHC:52271 WP No. 25897 of 2026 2. In this writ petition, the petitioners are assailing the order dated 08.10.2025, at Annexure-A, passed in R.A. No. 206 of 2025-26 by respondent No.1– Assistant Commissioner. 3. Having heard the learned counsel appearing for the parties and upon perusal of the writ petition, it would indicate that the petitioners had preferred an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964. However, respondent No.1, without issuing notice to the respondents therein and without following the procedure contemplated under the Karnataka Land Revenue Rules, has passed the impugned order at Annexure-A. The said order therefore requires to be set aside and the matter is required to be remitted to respondent No.1–Assistant Commissioner for fresh consideration. - 4 - HC-KAR CNR: KAHC010563692026 NC: 2026:KHC:52271 WP No. 25897 of 2026 4. Accordingly, the writ petition stands allowed. The order dated 08.10.2025, at Annexure-A, passed in R.A. No.206 of 2025-26 by respondent No.1–Assistant Commissioner is hereby set aside. 5. Respondent No.1 is directed to reconsider the matter afresh after issuing notice to all the parties concerned and pass appropriate orders in accordance with law, after taking into consideration the provisions of the Karnataka Land Revenue Act, 1964 and the Rules made thereunder. Respondent No.1 shall also verify the original records available with the department before passing the order. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 25