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2026 DAILYLAW 46267 (KAR)

SRI. GANESH. K v. STATE OF KARNATAKA

WP/2683/2026 · 2026-01-31

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5574 WP No. 2683 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.2683 OF 2026 (KLR-RES) BETWEEN: 1. SRI. GANESH. K S/O M KRISHNA, AGED ABOUT 50 YEARS R/A NO. 88, 5TH CROSS, 2ND MAIN ROAD, SRIGANDHANAGAR, HEGGNAHALLI, BANGALORE NORTH, BENGALURU – 560003. 2. SRI. SHEKHAR K S/O KRUSHNAPPA U KITTAPPA, AGED ABOUT 39 YEARS R/A NO. 88, 5TH CROSS, 2ND MAIN ROAD, SRIGANDHANAGAR, HEGGNAHALLI, BANGALORE NORTH, BENGALURU – 560003. 3. KUM. RAJESHWARI N T D/O ANANDKUMARI M T, AGED ABOUT 49 YEARS R/A NO. 88, 5TH CROSS, 2ND MAIN ROAD, SRIGANDHANAGAR, HEGGNAHALLI, BANGALORE NORTH, BENGALURU – 560003. 4. SRI. YOGANSHU BALRAJ S/O BALRAJU S, AGED ABOUT 27 YEARS R/A NO. 88, 5TH CROSS, 2ND MAIN ROAD, SRIGANDHANAGAR, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5574 WP No. 2683 of 2026 HEGGNAHALLI, BANGALORE NORTH, BENGALURU – 560003. 5. SRI. RAKESH K N S/O LATE NINGARAJU K T, AGED ABOUT 48 YEARS R/A NO. 353, GT ROAD, NAZARBAD WARD, N40, MYSURU – 570010. 6. M.C.GOPAL S/O LATE DCDDACHENNAIAH, AGED ABOUT 81 YEARS R/O NO. 2424/ A, 4TH MAIN, 5TH CROSS, PADVARAHALLI, VINAYAKANAGARA, MYSORE …PETITIONERS (BY MS. SANJEEVINI PRABHULING NAVADGI., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING BANGALORE – 560001. 2. THE ASSISTANT COMMISSIONER MYSORE SUB-DIVISION, MYSORE 570001. 3. THE TAHSILDAR T.N. PURA TALUK, MYSORE DISTRICT – 571124. 4. SRI. CHOWDA GOWDA S/O LATE SANNE GOWDA R/A OLD KEMPAIYYANNA HUNDI GRAMA KASABA HOBLI, T NARSEEPURA TALUK, MYSURU 571124 - 3 - HC-KAR NC: 2026:KHC:5574 WP No. 2683 of 2026 5. SRI. MAHADEVAYA S/O LATE MIDAGUDDEIYA R/A OLD KEMPAIYYANNA HUNDI GRAMA KASABA HOBLI, T NARSEEPURA TALUK, MYSURU 571124. 6. SRI. RAJU M S/O LATE MADAIYYA, R/A OLD KEMPAIYYANNA HUNDI GRAMA KASABA HOBLI, T NARSEEPURA TALUK, MYSURU 571124. 7. SRI. RAJAYYAIAH S/O LATE MADAIYYA, R/A OLD KEMPAIYYANNA HUNDI GRAMA KASABA HOBLI, T NARSEEPURA TALUK, MYSURU 571124. 8. SRI. BASAVAIYYAIAH S/O LATE MADAIYYA, R/A OLD KEMPAIYYANNA HUNDI GRAMA KASABA HOBLI, T NARSEEPURA TALUK, MYSURU 571124. 9. SRI. SHIVANANJU S/O LATE MADAIYYA, R/A OLD KEMPAIYYANNA HUNDI GRAMA KASABA HOBLI, T NARSEEPURA TALUK, MYSURU 571124. 10. SRI. SIDDAIAH S/O LATE MADAIYYA, R/A HITTUVALLI GRAMA, KASABA HOBLI, T NARSEEPURA TALUK MYSURU 571124. …RESPONDENTS (BY SMT.NAVYA SHEKHAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER - 4 - HC-KAR NC: 2026:KHC:5574 WP No. 2683 of 2026 DATED 12.12.2025 IN RA/448/2025 PASSED BY THE ASSISTANT COMMISSIONER/RESPONDENT NO.2 VIDE ANNEXURE A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondents No.1 to 3. Notice to the other respondents is not necessary for the following reasons: 2. Learned Additional Government Advocate raises a preliminary objection that the order under challenge is an order passed by the respondent No.2-Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act, 1964. Alternative efficacious remedy is available for the petitioners under Section 136(3) before the Deputy Commissioner. 3. Although learned Counsel for the petitioners seeks to contend that the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India is not totally barred even if alternative efficacious remedy is available - 5 - HC-KAR NC: 2026:KHC:5574 WP No. 2683 of 2026 for the Court, this Court is of the considered opinion that in the proceedings the petitioners have participated and they cannot contend that there was any violation of principles of natural justice. The petitioners cannot contend that the impugned order is one without jurisdiction. Any other ground that is sought to be urged will touch upon the merits of the matter which can be considered by the Deputy Commissioner. 4. Accordingly, the writ petition stands disposed of reserving liberty to the petitioners to approach the Deputy Commissioner. 5. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. 6. Office to return the original documents to the petitioners while retaining a copy of the same for the file. Sd/- (R DEVDAS) JUDGE JT/- : CT: JL