Smt.Kaveramma Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Smt.Kaveramma Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty reserved to the petitioners to approach the Karnataka Appellate Tribunal; the learned Additional Government Advocate is permitted to file memo of appearance within four weeks.

Issue for consideration

Whether, in view of the amendment to Section 136(1) of the Karnataka Land Revenue Act, 1964 with effect from 10.01.2025, the writ petition challenging the Deputy Commissioner's order (passed under Section 136(3)) is maintainable before the High Court, or whether the petitioners must instead approach the Karnataka Revenue Appellate Tribunal.

Court's answer

The preliminary objection raised by the learned Additional Government Advocate was upheld: consequent upon the amendment brought to Section 136(1) of the Karnataka Land Revenue Act, 1964 with effect from 10.01.2025, the petitioners must question the impugned order passed by the Deputy Commissioner under Section 136(3) before the Karnataka Revenue Appellate Tribunal rather than by way of the present writ petition.

Ratio / Principle

The writ petition is dismissed, with liberty reserved to the petitioners to approach the Karnataka Appellate Tribunal.

Detailed headnote1 paragraphs

Writ Petition No. 17985 of 2025 (KLR-RES) filed under Sections 226 and 227 praying for a writ of certiorari to quash the order dated 24-03-2025 passed by the Deputy Commissioner, Bangalore Urban District, in R.P.No.323/2015-16 (Annexure-A), concerning land at Doddathoguru Village, Begur Hobli, Bangalore South Taluk. At preliminary hearing, the Court upheld the Additional Government Advocate's preliminary objection that, having regard to the amendment brought to Section 136(1) of the Karnataka Land Revenue Act, 1964 with effect from 10.01.2025, the petitioners must question the Deputy Commissioner's order passed under Section 136(3) before the Karnataka Revenue Appellate Tribunal. The writ petition was accordingly dismissed, reserving liberty to the petitioners to approach the Karnataka Appellate Tribunal; the Additional Government Advocate was permitted to file memo of appearance within four weeks. (R Devdas, J.)

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NC: 2025:KHC:30491 WP No. 17985 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 17985 OF 2025 (KLR-RES)

BETWEEN:

SMT.KAVERAMMA D/O.SRI GUDLAPPA W/O LT KADIRAPPA

SINCE DEAD REP BY LEGAL REPRESENTATIVES

SRI.POOJAPPA S/O.LATE.KAVERAMMA AND LATE.KADIRAPPA AGED ABOUT 52 YEARS,

Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA

SMT.POOJAMMA W/O.SRI.M.GOPAL, D/O.LATE.KAVERAMMA AND LATE.KADIRAPPA

AGED ABOUT 37 YEARS,

R/AT.DODDATHOGURU VILLAGE, BEGUR HOBLI, ELECTRONIC CITY POST, BANGALORE SOUTH TALUK, BANGALORE-560100.

…PETITIONERS

(BY SRI. VENKATARAMI REDDY E.,ADVOCATE)

AND:

THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE,

2 - NC: 2025:KHC:30491 WP No. 17985 of 2025

HC-KAR

VIDHANA SOUDHA, BENGALURU-560 001.

THE DEPUTY COMMISSIONER BANGALORE DISTRICT, BEHIND KANDHAYA BHAVAN, K.G.ROAD, BANGALORE-560 009.

THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION, KANDHAYA BHAVAN, K.G.ROAD, BANGALORE-560 009

SRI. V APPANNA S/O.LATE. VENKATARAMANAPPA, AGED ABOUT 62 YEARS,

SRI.V.MARIYAPPA S/O.LATE. VENKATARAMANAPPA, AGED ABOUT 58 YEARS,

SRI.ALLALAPPA S/O.LATE.KUNTAPPA, AGED ABOUT 62 YEARS,

SRI.A.RAJAPPA S/O.SRI.ALLALAPPA, AGED ABOUT 32 YEARS,

RES NO.4 TO 7 ARE R/AT. DODDATHOGURU VILLAGE, BEGUR HOBLI, ELECTRONIC CITY POST, BANGALORE SOUTH TALUK, BANGALORE-560 100.

…RESPONDENTS

(BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1 TO R3; SRI. T.A.KARUMBAIAH, ADVOCATE FOR R4)

THIS WP IS FILED UNDER SECTION 226 AND 227 PRAYING ISSUE WRIT IN NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 24-03-2025 PASSED BY THE 2

3 - NC: 2025:KHC:30491 WP No. 17985 of 2025

HC-KAR

RESPONDENT/DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT AT BANGALORE DISTRICT IN R.P.NO.323/2015-16 ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

Learned Additional Government Advocate takes notice for respondent Nos. 1 to 3. Sri.T.A.Karumbaiah, learned counsel has entered appearance for respondent No.4.

Learned Additional Government Advocate raises a preliminary objection that having regard to the amendment brought to Section 136(1) of the Karnataka Land Revenue Act, 1964, (for short 'the Act,) with effect from 10.01.2025, the petitioners will have to approach the Karnataka Revenue Appellate Tribunal questioning the impugned order passed by the Deputy Commissioner under Section 136(3) of the Act.

Upholding the submissions made by the learned Additional Government Advocate, the writ petition stands

dismissed while reserving liberty to the petitioners to approach the Karnataka Appellate Tribunal.

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NC: 2025:KHC:30491 WP No. 17985 of 2025

HC-KAR

Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.

Sd/(R DEVDAS) JUDGE

rv List No.: 1 Sl No.: 13 CT:PS