Court dismissed writ petition challenging Deputy Commissioner's refusal to grant interim order in land revision. Mutation effects remain subject to pending revision outcome.
Writ petition dismissed; contentions kept open; mutation subject to pending revision outcome.
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NC: 2024:KHC:36300 WP No. 23011 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.23011 OF 2024 (KLR-RES)
BETWEEN:
W/O LATE BASHU SAB AGED ABOUT 61 YEARS R/AT OPP URDU SCHOOL URGADUR, SULEBAILU SHIVAMOGGA - 577201
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
(BY SRI.H S SANTHOSH, ADVOCATE)
AND:
…PETITIONERS
UTTAR PRADESH-226 005
…RESPONDENTS
(BY SMT.B.P.RADHA, AGA FOR R.1 TO R.3; SRI.PRUTHVI WODEYAR, ADVOCATE FOR SRI.ASHWIN JOYSTON KUTINLA, ADVOCATE FOR R.6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 08.08.2024 PASSED BY THE R.2 - DEPUTY COMMISSIONER IN CASE NO.RA.NO.76/2024 AS PER ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This writ petition is filed feeling aggrieved by nongranting of interim order by respondent No.2 - Deputy Commissioner in revision petition filed under Section 136(3) of the Karnataka Land Revenue Act.
has brought to the notice of this Court that the revision petition is listed before respondent No.2 - Deputy Commissioner on 09th of this month and private respondent is served with notice and he will appear in the revision on the next date of hearing.
NC: 2024:KHC:36300 WP No. 23011 of 2024
consideration of interim prayer cannot be acceded to at this juncture as learned counsel appearing for respondent No.6 has brought to the notice of this Court that the mutations were effected by the Tahasildar in terms of the directions issued by this Court. Mutation is ordered to be restored in the name of respondent No.6 by the Assistant Commissioner adhering to the directions issued by this Court in W.P.No.8135/2021 dated 30.05.2022.
NC: 2024:KHC:36300 WP No. 23011 of 2024
All contentions are kept open. The mutation effected
will be subject to outcome of pending Revision Petition.
The writ petition is accordingly dismissed.
SD/(SACHIN SHANKAR MAGADUM) JUDGE
NBM
List No.: 2 Sl No.: 4
2 issues framed by the court
Whether the High Court can interfere with the Deputy Commissioner's decision to reject interim prayer in a land acquisition revision petition.
Whether the order declining interim relief warrants judicial interference pending the outcome of the revision.
2 provisions across 2 enactments
SMT. SHANAWAZ
SAMIULLA
STATE OF KARNATAKA
DEPUTY COMMISSIONER SHIVAMOGGA
ASSISTANT COMMISSIONER SHIVAMOGGA
AYESHA JHULKA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
