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2026 DAILYLAW 51110 (KAR)

SRI L SHIVARUDRAIAH v. THE ASSISTANT COMMISSIONER

WP/34039/2025 · 2026-01-12

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1569 WP No. 34039 of 2025 C/W WP No. 10975 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 34039 OF 2025 (KLR-RES) C/W WRIT PETITION NO. 10975 OF 2025 (KLR-RES) IN WP No. 34039/2025 BETWEEN: SRI L SHIVARUDRAIAH S/O LATE LINGAPPA, AGED ABOUT 69 YEARS, R/AT BOMMEGOWDANA PALYA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572102 …PETITIONER (BY SRI. HARSHA., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER TUMKUR SUB DIVISION, TUMKUR DISTRICT-572102 2. SRI ADAVEESHAIAH S/O LATE SOMAIAH, R/AT BOMMEGOWDANA PALYA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572102. 3. SRI CHIKKAPPA S/O LATE SOMAIAH, R/AT BOMMEGOWDANA PALYA VILLAGE, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1569 WP No. 34039 of 2025 C/W WP No. 10975 of 2025 BELLAVI HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572102. 4. SRI SIDDA VEERAIAH S/O LATE SOMAIAH, R/AT BOMMEGOWDANA PALYA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572102. …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER PASSED IN R.A NO. 82/2025 PASSED BY THE R-1, TUMKUR VIDE ANNX-A SET ASIDE THE ENDORSEMENT DTD 10.10.2025 PASSED IN R.A NO. 82/2025 PASSED BY THE R-1, TUMKUR VIDE ANNX-B AND ETC. IN WP NO. 10975/2025 BETWEEN: SRI L SHIVARUDRAIAH S/O. LATE. LINGAPPA, AGED ABOUT 60 YEARS, R/A BOMMEGOWDANA PALYA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572102. ...PETITIONER (BY SRI. HARSHA.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER TUMKUR DISTRICT- 572102. - 3 - HC-KAR NC: 2026:KHC:1569 WP No. 34039 of 2025 C/W WP No. 10975 of 2025 2. THE ASSISTANT COMMISSIONER, TUMKUR SUB-DIVISION, TUMKUR DISTRICT- 572102. 3. SRI. ADAVEESHAIAH. S/O. LATE. SOMAIAH, R/A BOMMEGOWDANA PALYA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572102. 4. SRI. CHIKKAPPA S/O. LATE. SOMAIAH, R/A BOMMEGOWDANA PALYA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572102. 5. SRI. SIDDA VEERAIAH, S/O. LATE. SOMAIAH, R/A BOMMEGOWDANA PALYA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572102. ...RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR PROCEEDINGS APPROPRIATE ORDER, SET ASIDE THE ORDER PASSED IN R.P.NO.105/2024 PASSED BY THE R-1 BENGALURU VIDE ANNX-A AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:1569 WP No. 34039 of 2025 C/W WP No. 10975 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Both these writ petitions are filed by Sri.L.Sivarudraiah, being aggrieved of the original order passed by the Deputy Commissioner on the ground that the Assistant Commissioner had passed an order on 26.12.2022, on a representation given by the petitioner herein to remove the entries found in column number 12(2) of the RTC without affording an opportunity of hearing to the aggrieved persons. On remand, now the Assistant Commissioner has rejected the representation given by the petitioner on the ground that the writ petition in W.P.No.10975/2025 is pending consideration before the High Court. 2. In the considered opinion of this Court, the Assistant Commissioner could not have entertained a mere representation given by the petitioner. It is the observation of the Deputy Commissioner rightly that even - 5 - HC-KAR NC: 2026:KHC:1569 WP No. 34039 of 2025 C/W WP No. 10975 of 2025 if such a request is made by the petitioner, the same could not have been considered without issuance of notice to the aggrieved persons and without affording an opportunity of hearing to them. 3. In that view of the matter, both these writ petitions are disposed of reserving liberty to the petitioner to file a duly constituted appeal in terms of Section 136(2) of the Karnataka Land Revenue Act, 1964, arraying the aggrieved persons as respondents. If such an appeal is filed by the petitioner, the Assistant Commissioner shall issue notice to all concerned, hear them and thereafter, pass necessary orders in accordance with law. Sd/- (R DEVDAS) JUDGE DL CT: JL