Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:4691 WP No. 35643 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 35643 OF 2025 (KLR-RES) BETWEEN:
SRI. KAPANAIAH S/O LATE. KENCHAIAH @ B.D.KENCHAPPA, AGED ABOUT 71 YEARS.
R/AT ARJUNAHALLI VILLAGE, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 111.
(THE PETITIONER NOT CLAIMED SENIOR CITIZEN BENEFITS). …PETITIONER (BY SRI. SHIVASHANKARA Y D., ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR-572 101.
2.
THE ASSISTANT COMMISSIONER, TUMKUR SUB-DIVISION, TUMKUR-572 101.
3.
THE TAHSILDHAR, KUNIGAL TALUK, KUNIGAL, TUMKUR DISTRICT-572 130.
4. SRI.KENCHAPPA, S/O.LATE.NANJAIAH, AGED ABOUT 66 YEARS,
Digitally signed by SHARADAVANI B Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2026:KHC:4691 WP No. 35643 of 2025
R/AT ARJUNAHALLI VILLAGE, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 111. …RESPONDENTS (BY SRI.K.P.YOGANNA, AGA FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 25.09.2025 PASSED BY THE 1 (ST) RESPONDENT, DEPUTY COMMISSIONER IN R.P.NO.202/2025 VIDE ANNEXURE-Q AND FOR SET ASIDE THE IMPUGNED
ORDER PASSED BY THE 2 (ND) RESPONDENT, ASSIST COMMISSIONER, TUMKUR SUB-DIVISION, TUMKUR IN R.A.(KUN) 550/2024, DATED 10.06.2025 VIDE ANNEXURE-P IN RESPECT OF LAND BEARING SY.NO.169/2, MEASURING 0.05 GUNTAS, SITUATED AT YEDAVANI VILLAGE, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT.
THIS PETITION, COMING ON FOR FINAL 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 respondent No.4 is 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
- 3 -
HC-KAR NC: 2026:KHC:4691 WP No. 35643 of 2025
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.
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.
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 petitioner while retaining a copy of the same for the file.
Sd/- (R DEVDAS) JUDGE rv, Sl No.: 17