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2026 DAILYLAW 6722 (KAR)

SMT. DEVAMMA v. THE DEPUTY COMMISSIONER

WP/18567/2024 · 2026-03-09

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14098 WP No. 18567 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 18567 OF 2024 (KLR-RES) BETWEEN: 1. SMT. DEVAMMA W/O LATE NARASIMHAIAH AGED ABOUT 75 YEARS MUTHUGADA HONNENAHALLI VILLAGE NUGGEHALLI HOBLI, CHANNARAYAPATTANA TALUK 573116 HASSAN DISTRICT 2. KUMAR S/O LATE NARASIMHAIAH AGED ABOUT 56 YEARS MUTHUGADA HONNENAHALLI VILLAGE NUGGEHALLI HOBLI, CHANNARAYAPATTANA TALUK 573116 HASSAN DISTRICT …PETITIONERS (BY SMT. REKHA K R., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN 573201. 2. THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION, HASSAN 573201 3. THE DEPUTY TAHSILDAR NUGGEHALLI HOBLI, CHANNARAYAPATTANA TALUK 573116 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14098 WP No. 18567 of 2024 4. CHELUVAIAH S/O LATE HOMBAIAH AGED ABOUT 49 YEARS R/AT: MUTHUGADA HONNENAHALLI VILLAGE NUGGEHALLI HOBLI, CHANNARAYAPATTANA TALUK 573116 HASSAN DISTRICT …RESPONDENTS (BY SMT. B.P. RADHA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDERS PASSED BY THE R-1 IN REV.PETITION NO. 09/2017-18 DTD. 23.02.2023 VIDE ANNX-A AND IMPUGNED ORDER PASSED BY THE R-2 IN R.A.NO. 33/2011-12 DTD. 11.11.2016 VIDE ANNX-B AND IMPUGNED MUTATION EFFECTED BY THE R-3 IN RRT NO(S) 09/2010-11 DTD. 03.10.2011 BY EFFECT THE MUTATION JOINTLY IN THE NAMES OF P-1 AND OTHER PERSONS NAMELY HOMBAIAH S/O LATE CHELUVAIAH, NINGAMMA W/O KENCHAIAH, RAGAMMA W/O SINGRAIAH, MAHADEVAMMA W/O LOKAIAH NANJAIAH S/O CHELUVAIAH, VIDE ANNX-C AND CONSEQUENTLY CONFIRMING THE EARLIER ORDER PASSED BY THE R-2 ASSISTANT COMMISSIONER IN LND/SC/SCT/CRP/11/97-98 DTD. 23.02.2010 VIDE ANNX-E AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS - 3 - HC-KAR NC: 2026:KHC:14098 WP No. 18567 of 2024 ORAL ORDER 1. Learned AGA takes notice for respondents no.1 to 3. Notice to respondent no.4 is not necessary for the following reasons. 2. Learned counsel for the petitioners submits that the petitioners herein filed a petition before the Assistant Commissioner, invoking the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, ‘PTCL Act’) in proceedings bearing No.LND/SC/ST/CRP/11/1997-98 and the Assistant Commissioner passed an order on 23.02.2010 allowing the petition while directing resumption and restoration of the lands in question in favour of the legal heirs of the original grantee- Sri.Narasimhaiah. The said order attained finality. However, the Tahsildar while entering the names of the original grantee in the revenue records, entered the name of respondent no.4 herein along with the names of the - 4 - HC-KAR NC: 2026:KHC:14098 WP No. 18567 of 2024 petitioners. Being aggrieved by the same, the petitioners filed an appeal before the Assistant Commissioner invoking Section 136 (2) of the Karnataka Land Revenue Act and the Assistant Commissioner dismissed the appeal while directing the petitioners to approach a competent Civil Court to redress their grievance. 3. The Revision Petition filed before the Deputy Commissioner was dismissed for non-prosecution by order dated 23.02.2023. The same is under challenge before this Court. 4. Having regard to the facts narrated herein above, this Court is of the considered opinion that no infirmity can be found in the orders passed by the Assistant Commissioner. The Assistant Commissioner has rightly directed the petitioners to approach a competent Civil Court to redress their grievance, since the dispute between the petitioners and respondent no.4 as to who are the legal heirs of the original grantee Sri.Narasimaiah - 5 - HC-KAR NC: 2026:KHC:14098 WP No. 18567 of 2024 cannot be decided by the revenue authorities. Consequently, the Writ Petition stands dismissed while reserving liberty to the petitioners to approach the competent Civil Court to redress their grievances. SD/- (R DEVDAS) JUDGE PRS List No.: 1 Sl No.: 13