- 1 - HC-KAR NC: 2026:KHC-D:1231 WP No. 104757 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 104757 OF 2025 (KLR-RR/SUR) BETWEEN: SHRI SHRI SHRI RUDRASWAMI DEVALAYA SHREE GURU DEVALAYA ALSO KNOWN AS SHREE RUDRASWAMI MATHA BILAKI, REPRESENTED BY ITS TRUSTEE SHRI. CHANNABASAVADEVARU HALEMATH, AGE: 30 YEARS, OCC: SWAMIJI, R/O. #13, SHREE RUDRASWAMI MATHA BILAKI, POST: AVAROLLI, TQ: KHANAPUR, DIST: BELAGAVI-591131. …PETITIONER (BY SRI. SANTOSH B.RAWOOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001. 2. THE ASSISTANT COMMISSIONER BELAGAVI, COURT COMPOUND BELAGAVI-590001. 3. THE DEPUTY TAHASILDAR, KHANPUR TQ: KHANAPUR, DIST: BELAGAVI-591302. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, BY QUASHING THE NOTICE DATED 22-04-2025 ISSUED BY THE RESPONDENT NO. 2 IN L.N.D/CR-03/2025-26 VIDE ANNEXURE-F TO THE PETITIONER AND ALL FURTHER PROCEEDINGS IN RESPECT OF L.N.D/CR-03/2025-26 PENDING ON THE FILE OF RESPONDENT NO. 2 VIDE ANNEXURE-G IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.04 10:27:59 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1231 WP No. 104757 of 2025 THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER Challenging the notice dated 22.04.2025 issued by respondent No.2-the Assistant Commissioner (Annexure-F), pursuant to the LND/CR-3/2025-2006 initiated invoaking the provision of Section 136(2) of the Karnataka Land Revenue Act, 1964 (“the KLR Act” for short) (Annexure-G), the petitioner has approached this Court in this writ petition. Brief facts: 2. The petitioner is a Matha known as Sri Rudraswamigala Matha situated at R.Sy.No.141 of Bilaki village, Avarolli post, Khanapur taluk, Belagavi district. The said R.Sy.No.141 measures in all 136 acres 01 gunta, in which the temple and Matha are situated. 3. It is the specific case of the petitioner that the land in question was granted to the Matha as Mufath - 3 - HC-KAR NC: 2026:KHC-D:1231 WP No. 104757 of 2025 Gayarana, with the name of Matha entered therein from 1945, till 2001. 4. While so, a registered association by name Negila Yogi Sava Sangh (R), Karnataka, submitted a representation dated 02.04.2025 before respondent No.3- Deputy Tahasildar, contending that the entry of the petitioner’s name in the revenue records was without any basis. Based on the said representation, respondent No.3 submitted a report 11.04.2025 to respondent No.2. 5. Pursuant thereto, respondent No.2 issued impugned notice by initiating proceedings in LND/CR- 3/2025-26 by invoking Section 136(2) of the KLR Act. Aggrieved by which, the petitioner is before this Court in this writ petition. 6. Learned counsel for the petitioner, inviting the attention of this Court to the provisions of Section 136(2) of the KLR Act and submits that, the said provision provides for an appellate remedy only to a person aggrieved by an - 4 - HC-KAR NC: 2026:KHC-D:1231 WP No. 104757 of 2025 order passed under Section 129(4) of the KLR Act, or an entry certified under Section 129(6) of the KLR Act, and does not confer any power upon the Assistant Commencer initiating proceedings under suo-moto in the manner adopted in the present case. It is therefore submitted that impugned proceedings are only without jurisdiction and non est in law. 7. Per contra, the Learned Additional Government Advocate for the respondents-State seeks to justify the action of respondent No.2 by contending that the land in question is Government land and the proceedings were initiated within jurisdiction to protect the Government interest. 8. This Court has carefully considered the rival submissions and perused the material on record. 9. In order to appreciate the controversy it is necessary to advert Section 136 of the KLR Act, which reads thus: - 5 - HC-KAR NC: 2026:KHC-D:1231 WP No. 104757 of 2025 “136. Appeal and Revision.—(1) The provisions of Chapter V shall not apply to any decision or order under this Chapter. (2) Any person affected by an order made under sub-section (4) or an entry certified under sub-section (6) of section 129 may, within a period of sixty days from the date of communication of the order or the knowledge of the entry certified, appeal to such officer as may be prescribed by the State Government in this behalf and his decision shall be final. (3) The Deputy Commissioner may, on his own motion or on application of a party, call for and examine any records made under section 127 and section 129 and pass such orders as he may deem fit: Provided that no order shall be passed except after hearing the party who would be adversely affected by such order.” 10. A plain reading of 136(2) makes it clear that provision contemplates an appeal at the instance of a person affected by an order under Section 129(4) or an entry certified under Section 129(6). 11. The statutory scheme does not empower the Assistant Commissioner to initiate suo-moto proceedings - 6 - HC-KAR NC: 2026:KHC-D:1231 WP No. 104757 of 2025 under Section 136(2) of the KLR Act. In the absence of jurisdictional foundation under Section 136(2) of the KLR Act, initiation of proceedings by respondent No.2 is clearly unsustainable in law. Consequently, the impugned notice and proceedings initiate thereto cannot be allowed to stand. 12. For the foregoing, this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned notice dated 22.04.2025 and the initiation of proceedings in LND/CR-3/2025-26 by respondent No.2 is hereby quashed. iii. It is made clear that, this order not preclude respondent No.2 form taking appropriate action strictly in accordance whit law, if so advised. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 52