Sri H T Mariyappa Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Sri H T Mariyappa Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:49465 RP No. 414 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS

REVIEW PETITION NO. 414 OF 2025

BETWEEN:

SRI H T MARIYAPPA S/O LATE. H.N. THAMMAIAH, AGED ABOUT 74 YEARS,

SRI. H. CHAMI S/O LATE. H.N. THAMMAIAH, AGED ABOUT 72 YEARS,

SRI. SANTHOSH KUMAR H.S. S/O LATE. SUDHEENDRA H.S. AGED ABOUT 48 YEARS,

Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

SRI. H.B. RAJA, S/O LATE. BEERAIAH, AGED ABOUT 55 YEARS,

SRI. NAGESH H.S. S/O LATE. SANNAPPA H.S., AGED ABOUT 48 YEARS,

SRI. H.R. SHEKAR S/O LATE RAMAIAH H.M., AGED ABOUT 49 YEARS,

SRI. H.R. CHELUVARAJU S/O LATE. RAMAIAH H.M., AGED ABOUT 46 YEARS,

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NC: 2025:KHC:49465 RP No. 414 of 2025

HC-KAR

SRI. MAHESH H T S/O LATE. THAMMAIAH H.R. AGED ABOUT 33 YEARS,

ALL ARE R/A ARJI VILLAGE AND POST, VIRAJPET TALUK, KODAGU DISTRICT-571218.

…PETITIONERS

(BY SMT. SUMANA HEGDE MAHADEV., ADVOCATE) AND:

THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001, REPT. BY ITS SECRETARY.

THE ASST. COMMISSIONER, MADIKERE SUB DIVISION, MADIKERE, KODAGU DISTRICT-571201.

THE TAHSILDAR VIRAJPET TALUK, VIRAJPET, KODAGU DISTRICT-571218.

SRI. SHEKAR H.N. S/O LATE. H.P. NINGAIAH, AGED ABOUT 44 YEARS, R/AT ARJI VILLAGE AND POST, VIRAJPET TALUK, KODAGU DISTRICT-571218.

…RESPONDENTS

(BY SMT. D.L. RANGA VASANTHI., HCGP)

THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SEC. 114 OF CPC, PRAYING TO REVIEW THE ORAL ORDER DATED 01.09.2025 PASSED IN WP NO.16285/2025 (KLR - RES) AND THIS HONBLE COURT MAY BE PLEASED TO

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NC: 2025:KHC:49465 RP No. 414 of 2025

HC-KAR

ALLOW THE PRESENT REVIEW PETITION AND CONSEQUENTLY RESTORE THE WRIT PETITION IN W.P. NO. 16285/2025 (KLRRES) VIDE ANNEXURE A FOR THE RELIEF SOUGHT IN THE WRIT PETITION BY THE PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

This review petition is filed by the original writ petitioners, contending that the writ petition was disposed of without issuance of notice to the contesting respondent No.4, on the ground that the petitioners are seeking to set aside the name of the respondent No.4 from the RTC and therefore the petitioners were required to approach the Assistant Commissioner invoking Section 136(2) of the Karnataka Land Revenue Act. However, learned counsel

for the review petitioner has taken this Court through the contents of the writ petition and submits that the Assistant Commissioner has already passed an order at Annexure-G in R.A.No.126/2012-13 dated 08.01.2015 directing the Tahasildar to remove the name of the respondent No.4

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NC: 2025:KHC:49465 RP No. 414 of 2025

HC-KAR

from the RTC, while setting aside the mutation order in MR No.21/2008-2009 and MR No.124/2009-2010. Therefore, the prayer in the writ petition was to direct the 3^rd respondent-Tahasildar to remove the name of the 4^th respondent from the RTC in terms of the directions already issued by the Assistant Commissioner.

The writ petition will have to be re-considered after issuance of notice to respondent No.4. In that view of the matter, the review petition is allowed. The order dated 01.09.2025 in W.P.No.16285/2025 is hereby recalled. The writ petition is restored to its original file.

Office is directed to list the writ petition before

the bench having roster.

Sd/(R DEVDAS) JUDGE

KLY CT: JL