Disposed

Sri Chandrappa v. the State of Karnataka

Karnataka HC4 Sept 2024WP/21489/2024

Case brief

AI extract

What is this about?

Petitioner challenged the Tahasildar's order in mutation proceedings under Section 128 of the Karnataka Land Revenue Act by writ petition. The High Court held an appeal lies to the Assistant Commissioner under Section 136(2), and relegated the petitioner to that remedy, disposing of the writ petition with liberty to appeal.

What did the court decide?

Liberty reserved to prefer an appeal before the Assistant Commissioner; all contentions kept open.

Sri Chandrappa Vs the State of Karnataka — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:36203 WP No. 21489 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO. 21489 OF 2024 (KLR-RES)

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BETWEEN:

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SRI.CHANDRAPPA S/O LATE CHIKKACHENNAPPA AGED ABOUT 51 YEARS R/O PILLAGUNDALAHALLI SETTIGERE (MAJARE) MANDIKAL HOBLI CHIKKABALLAPURA TALUK AND DISTRICT-562 104

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…PETITIONER

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(BY SRI. HARISH N.R, ADVOCATE)

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AND:

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING BENGALURU-560 001

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THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562 101

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THE ASSISTANT COMMISSIONER CHIKKABALLAPURA TALUK CHIKKABALLAPURA-562 101

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NC: 2024:KHC:36203 WP No. 21489 of 2024

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THE THASILDHAR CHIKKABALLAPURA TALUK CHIKKABALLAPURA-562 101

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SRI.DODDACHENNAPPA FATHER NAME NOT KNOWN AGE MAJOR R/O PILLAGUNDALAHALLI SETTIGERE (MAJARE) MANDIKAL HOBLI CHIKKABALLAPURA TALUK AND DISTRICT-562 104

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…RESPONDENTS

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(BY SMT.B.P.RADHA, AGA FOR R.1 TO R.4; SRI.S.R.SREE PRASAD, ADVOCATE FOR R.5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT ISSUED BY THE R4 BEARING NO.R.R.TC.R./ MA/ 282/2022-23 DATED 20-12-2022 TO THE PETITIONER AND SUBSEQUENT REVENUE ENTRIES, WHICH IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-G AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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The petitioner is assailing the order passed by respondent No.4 - Tahasildar in the mutation proceedings.

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3 - NC: 2024:KHC:36203 WP No. 21489 of 2024

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Heard learned counsel appearing for the petitioner and learned AGA appearing for respondent Nos.1 to 4 and learned counsel appearing for private respondent No.5.

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The order passed by respondent No.4 - Tahasildar arises out of Section 128 of the Karnataka Land Revenue Act. Against orders passed by the Tahasildar under Sections 128 and 129 of the Karnataka Land Revenue Act, an appeal is provided under Section 136(2) before the Assistant Commissioner.

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The petitioner, without availing remedy of appeal,

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has straightway knocked doors of the writ Court and therefore, this Court is of the view that the petitioner needs to be relegated to prefer an appeal before the concerned Appellate Authority.

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NC: 2024:KHC:36203 WP No. 21489 of 2024

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Reserving liberty to prefer an appeal, the captioned

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writ petition is disposed off.

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All contentions are kept open.

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SD/(SACHIN SHANKAR MAGADUM) JUDGE

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NBM

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List No.: 1 Sl No.: 14

Sri Chandrappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Chandrappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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