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2026 DAILYLAW 49274 (KAR)

SRI. MOTHI NAIK v. STATE OF KARNATAKA

WP/22109/2025 · 2026-01-05

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:87 WP No. 22109 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 22109 OF 2025 (KLR-LG) BETWEEN: 1. SRI. MOTHI NAIK DEAD BY LRS., SMT. RUDRIBAI W/O LATE. MOTHI NAIK, AGED ABOUT 70 YEARS. 2. SMT. SAVITHABAI D/O LATE. MOTHI NAIK, W/O MANJUNATHA, AGED ABOUT 47 YEARS R/O KABBALA GRAMA, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577544. 3. SMT. KAVITHABAI D/O LATE. MOTHI NAIK, W/O PRAKASHA, AGED ABOUT 38 YEARS,. R/O KABBALA GRAMA, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577544. 4. SRI. HALESHA NAIK S/O LATE. MOTHI NAIK, AGED ABOUT 32 YEARS, PETITIONERS NO.1 TO 4 ARE R/O BASAVAPURA GRAMA, JAGALURU TALUK, DAVANAGERE DISTRICT-577553. …PETITIONERS (BY SRI. G.J.SUNKAPUR., ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:87 WP No. 22109 of 2025 AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANASOUDHA, BANGALORE-01. 2. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT DAVANAGERE-577001. 3. THE ASSISTANT COMMISSIONER, DAVANAGERE SUB-DIVISION, DAVANAGERE -577001. 4. THE TAHASILDAR JAGALURU TALUK, DAVANAGERE DISTRICT-577528. 5. THE REVENUE INSPECTOR BILICHODU, JAGALURU TALUK DAVANAGERE DISTRICT-577553. 6. VILLAGE ACCOUNTANT, BILICHODU, JAGALURU TALUK DAVANAGERE DISTRICT-577553. 7. SMT. LALITHABAI. W/O GOPALANAIK, R/O BASAVAPURA GRAMA, JAGALURU TALUK, DAVANAGERE DISTRICT-577553. …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER IN U.L.N.D/CR-19/2023-24 DATED 03/03/2025 PASSED BY THE 2ND RESPONDENT (THE DEPUTY COMMISSIONER, - 3 - HC-KAR NC: 2026:KHC:87 WP No. 22109 of 2025 DAVANAGERE) AND THE ORDER DATED 12/09/2023 IN ULND/CR/63/2020-21 PASSED BY THE 3RD RESPONDENT (ASSISTANT COMMISSIONER, DAVANAGERE).PRODUCED AT ANNEXURE- A AND B PASS SUCH OTHER ORDER OR DIRECTION IN THE INTEREST OF JUSTICE AND EQUITY. 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 4. Notice to other respondent is not necessary for the following reasons: 2. Learned Additional Government Advocate has raised a preliminary objection that having regard to the amendment brought to Section 136(1) of the Karnataka Land Revenue Act, 1964, w.e.f., 10.01.2025, the petitioner will have to approach the Karnataka Revenue Appellate Tribunal questioning the impugned order passed by the Deputy Commissioner under Section 136(3) of the Act. - 4 - HC-KAR NC: 2026:KHC:87 WP No. 22109 of 2025 3. Upholding the submissions made by the learned Additional Government Advocate, the writ petition stands dismissed while reserving liberty to the petitioner to approach the Karnataka Appellate Tribunal. However, the respondents are hereby directed not to take any precipitative action for a period of four weeks to enable the petitioner to approach the Karnataka Appellate Tribunal. 4. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. 5. Office to return the original documents/certified copies to the petitioner while retaining a copy of the same for the record. Sd/- (R DEVDAS) JUDGE KLY