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2026 DAILYLAW 51261 (KAR)

SMT.SHANTHI BAI v. GOVERNMENT OF KARNATAKA

WP/35279/2025 · 2026-01-14

R Devdas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:2177 WP No. 35279 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 35279 OF 2025 (KLR-RES) BETWEEN: 1. SMT. SHANTHI BAI WIFE OF LATE REKHYA NAIKA, AGED ABOUT 76 YEARS, RESIDING AT JADAKANAKATTE VILLAGE, SAKKARAVANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 2. SMT. DEVI BAI WIFE OF ROOPLA NAIKA, AGED ABOUT 61 YEARS, RESIDING AT N.KUPPALU VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 3. SHRI SHIVAPPA NAIKA SON OF ROOPLA NAIKA, AGED ABOUT 71 YEARS, RESIDING AT N.KUPPALU VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. …PETITIONERS (BY SRI. SADASHIVA C, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2177 WP No. 35279 of 2025 AND: 1. GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, MULTISTORIED BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001, REPRESENTED BY CHIEF SECRETARY. 2. THE DEPUTY COMMISSIONER CHIMMAGALURU TOWN, CHIKKAMAGALURU DISTRICT - 577 135. 3. THE ASSISTANT COMMISSIONER TARIKERE SUB-DIVISION, TARIKERE TOWN, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 4. THE TAHSILDAR KADURU TALUK, KADUR TOWN CHIKKAMAGALURU DISTRICT - 577 135. 5. THE DEPUTY TAHSILDAR SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 6. THE REVENUE INSPECTOR SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 7. SHRI. THIMMAPPA SON OF MUDLAGIRIYAPPA, AGED ABOUT 62 YEARS, - 3 - HC-KAR NC: 2026:KHC:2177 WP No. 35279 of 2025 RESIDING AT JADAKANAKATTE VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 8. SHRI. GOVINDARAJU SON OF MANJAPPA AGED ABOUT 58 YEARS, RESIDING AT JADAKANAKATTE VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 9. SHRI. PRAKASH SON OF HANUMANTHAPPA, AGED ABOUT 46 YEARS, RESIDING AT JADAKANAKATTE VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 10. SMT. DEVAMMA, WIFE OF THIMMAPPA, AGED ABOUT 55 YEARS, RESIDING AT JADAKANAKATTE VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 11. SHRI. DEVARAJU SON OF RAMAIAH, AGED ABOUT 52 YEARS, RESIDING AT JADAKANAKATTE VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 12. SHRI. MALLIKARJUNA SON OF THIMMAPPA - 4 - HC-KAR NC: 2026:KHC:2177 WP No. 35279 of 2025 AGED ABOUT 58 YEARS, RESIDING AT GANAPATHIHALLI VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 13. SHRI. SURESHA SON OF SIDDARAMAPPA, AGED ABOUT 48 YEARS, RESIDING AT GANAPATHIHALLI VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK CHIKKAMAGALURU DISTRICT - 577 135. 14. SHRI. CHANDRAPPA SON OF PAPANNA, AGED ABOUT 60 YEARS, RESIDING AT GANAPATHIHALLI VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 15. SHRI. SHESHADRI SON OF PARAMESHWARAPPA, AGED ABOUT 45 YEARS, RESIDING AT GANAPATHIHALLI VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 16. SHRI. NAGARAJA NAIKA SON OF TOLACHANAIKA, AGED ABOUT 52 YEARS, RESIDING AT JADAKANAKATTE VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 17. SHRI. PARAMESHWARA NAIKA, SON OF TOLACHANAIKA, - 5 - HC-KAR NC: 2026:KHC:2177 WP No. 35279 of 2025 AGED ABOUT 46 YEARS, RESIDING AT JADAKANAKATTE VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. 18. SHRI. KRISHNA NAIKA SON OF TOLACHANAIKA, AGED ABOUT 48 YEARS, RESIDING AT JADAKANAKATTE VILLAGE, SAKKARAYANAPATTANA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 135. …RESPONDENTS (BY SRI. K.P. YOGANNA, HCGP FOR R1 TO R6; SRI. H.R. SANTOSH, ADVOCATE FOR C/R-11 AND R12) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R2 DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT DATED 17.10.2025 IN CASE NO. RP/79/2022 AS PER ANNX-A AND TO SET ASIDE THE ORDER PASSED BY ASST. COMMISSIONER TARIKERE SUB-DIVISION, TARIKERE, THE R3 HEREIN DATED 13.09.2022 IN CASE NO. NCR 158/2013-14 AS PER ANNX-B AND ALLOW THE CLAIM OF THE PETITIONERS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2026:KHC:2177 WP No. 35279 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondents No.1 to 6. Sri.H.R.Santhosh, learned counsel has entered appearance for C/R11 and 12. Notice to respondent Nos.7 to 10 and 13 to 18 are not necessary for the following reasons. 2. Learned Additional Government Advocate raises 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 petitioners 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. 3. Upholding the submissions made by the learned Additional Government Advocate, the writ petition stands - 7 - HC-KAR NC: 2026:KHC:2177 WP No. 35279 of 2025 dismissed while reserving liberty to the petitioners 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. Office is hereby directed to return the original/certified copies to the petitioners while retaining a copy of the same for the file. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 1