Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 43070 (KAR)

SRI S J CHANNEKRISHNEGOWDA v. STATE OF KARNATAKA

WP/5271/2026 · 2026-09-21

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010118692026 NC: 2026:KHC:51637 WP No. 5271 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5271 OF 2026 (KLR-RES) BETWEEN: 1. SRI S J CHANNEKRISHNEGOWDA S/O LATE S.D. JAVAREGOWDA AGED ABOUT 49 YEARS 2. SMT. HONNAMMA W/O LATE S.D. JAVAREGOWDA, AGED ABOUT 73 YEARS 3. SMT. GOWRAMMA W/O LATE S.D. NARASIMHEGOWDA AGED ABOUT 66 YEARS 4. SRI. S.A. SWAMY S/O APPAJIGOWDA AGED ABOUT 78 YEARS RESIDING AT SANABA VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434 5. SRI. S.B. KRISHNEGOWDA S/O MARISHETTYGOWDA AGED ABOUT 65 YEARS Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010118692026 NC: 2026:KHC:51637 WP No. 5271 of 2026 6. SMT. VARALAKSHMAMMA W/O SWAMYGOWDA AGED ABOUT 63 YEARS 7. SRI. GANGADHARA S/O SWAMYGOWDA AGED ABOUT 42 YEARS ALL ARE RESIDING AT SANABA VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434 …PETITIONERS (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING BANGALORE - 560 001 2. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION M.S. BUILDING BANGALORE - 560 001 3. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 401 4. THE ASSISTANT COMMISSIONER PANDAVAPURA SUB-DIVISION PANDAVAPURA TALUK - 571 434 - 3 - HC-KAR CNR: KAHC010118692026 NC: 2026:KHC:51637 WP No. 5271 of 2026 5. THE TAHASILDAR PANDAVAPURA TALUK PANDAVAPURA - 571 434 6. THE ASSISATANT TAHASLDAR CHINAKURALI HOBLI PANDAVAPURA - 571 434 7. THE VILLAGE ACCOUNTANT SANABA CIRCLE CHINAKURALI HOBLI PANDAVAPURA - 571 434 8. SMT. KEMPAMMA W/O S.K. PUTTEGOWDA AGE NOT KNOWN TO PETITIONER 9. SMT. TAYAMMA W/O S.K. PUTTEGOWDA AGE NOT KNOWN TO PETITIONER RESPONDENTS NO.8 AND 9 ARE R/AT SANABA VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434 …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R7 SRI. M.S. RAJENDRA, COUNSEL FOR R8 AND R9) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) DECLARE THAT THE KARNATAKA LAND REVENUE (THIRD AMENDMENT) ACT, 2024 (RECEIVED THE ASSENT OF THE GOVERNOR ON THE - 4 - HC-KAR CNR: KAHC010118692026 NC: 2026:KHC:51637 WP No. 5271 of 2026 NINTH DAY OF JANUARY TWO THOUSAND TWENTY-FIVE) KARNATAKA ACT NO.6/2025, IN SO FAR AS IT OMITS THE WORD NOT FROM SECTION 136(1), IS ULTRA VIRES, UN- CONSTITUTIONAL AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA (ANNEXURE-H) ISSUED BY THE R2 DATED 10.01.2025 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this petition, the petitioners are assailing the validity of the Karnataka Act No.6/2025 under Section 136(1) of the Karnataka Land Revenue Act, 1964 as unconstitutional, inter alia, challenge the Order dated 02.12.2025 in R.P.No.130/2024 on the file of respondent No.3 (Annexure-G) and consequently, sought for confirming the order dated 25.06.2020 (Annexure-E) passed by respondent No.4. 2. Heard Sri.Srinivas V, learned counsel appearing for the petitioners and Sri.Aditya Diwakara, learned Additional Government Advocate appearing for respondent Nos.1 to 7 and Sri.M.S.Rajendra, learned counsel appearing for respondent Nos.8 and 9. - 5 - HC-KAR CNR: KAHC010118692026 NC: 2026:KHC:51637 WP No. 5271 of 2026 3. It is submitted by Sri.Srinivas, learned counsel appearing for the petitioners that the petitioners are not pressing prayer No.(a). 4. Insofar as remaining prayers are concerned, having taken note of the submission made by learned counsel appearing for the parties, it is also to be noted that the suit is pending consideration before the competent Civil Court in O.S.No.42/2019 (Annexure-D), wherein the rights of the parties are yet to be declared by the competent Civil Court. 5. Taking into consideration the petitioners and the private respondents herein are claiming right over the property through the same predecessors, I am of the view that respondent No.4 after considering the entire material on record has rightly passed the order dated 25.06.2020 (Annexure-E). However, the same was erroneously interfered with by respondent No.3 vide order dated 02.12.2025 (Annexure-G). - 6 - HC-KAR CNR: KAHC010118692026 NC: 2026:KHC:51637 WP No. 5271 of 2026 6. In that view of the matter, the writ petition is allowed. The Order dated 02.12.2025 passed by respondent No.3 (Annexure-G) is accordingly set aside and the order passed by respondent No.4 dated 25.06.2020 (Annexure-E) is accordingly confirmed. Respondent No.5 is directed to comply with the order passed by respondent No.4, in accordance with law, forthwith. SD/- (E.S.INDIRESH) JUDGE GH List No.: 1 Sl No.: 0