Gowramma Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Gowramma Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No relief on the writ petition; liberty reserved to the petitioners to approach the Karnataka Appellate Tribunal. Learned HCGP permitted to file memo of appearance within four weeks; Office directed to return the certified copy of the impugned order and original documents, if any, to the petitioners while retaining a copy for records.

Issue for consideration

Whether the writ petition is maintainable in view of the amendment to Section 136(1) of the Karnataka Land Revenue Act, 1964 w.e.f. 10.01.2025, pursuant to which the petitioners must approach the Karnataka Revenue Appellate Tribunal against the impugned order passed by the Deputy Commissioner under Section 136(3) of the Act.

Court's answer

Upholding the learned HCGP's preliminary objection, the Court held that in view of the amendment to Section 136(1) of the Karnataka Land Revenue Act, 1964 w.e.f. 10.01.2025, the petitioners must question the Deputy Commissioner's order under Section 136(3) before the Karnataka Revenue Appellate Tribunal, and accordingly dismissed the writ petition while reserving liberty to the petitioners to approach the Karnataka Appellate Tribunal.

Detailed headnote1 paragraphs

Writ Petition (KLR-RES) under Articles 226 and 227 of the Constitution of India by two landholders of Kokkonaghatta Village, Kasaba Hobli, Hassan Taluk, seeking to quash the order dated 15.09.2023 in No. RA 753/2021-22 passed by the Assistant Commissioner, Hassan Sub-Division (Annexure-K) and the order dated 01.04.2025 in RP 50/2024-25 passed by the Deputy Commissioner, Hassan District (Annexure-N). At the preliminary hearing, the learned HCGP raised a preliminary objection that, following the amendment to Section 136(1) of the Karnataka Land Revenue Act, 1964 w.e.f. 10.01.2025, the petitioners must approach the Karnataka Revenue Appellate Tribunal against the Deputy Commissioner's order passed under Section 136(3) of the Act. Upholding the objection, the Court dismissed the writ petition, reserving liberty to the petitioners to approach the Karnataka Appellate Tribunal; the HCGP was permitted to file a memo of appearance within four weeks and the Office was directed to return the certified copy of the impugned order and original documents to the petitioners. (R Devdas, J.)

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NC: 2025:KHC:31607 WP No. 23122 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 23122 OF 2025 (KLR-RES)

BETWEEN:

GOWRAMMA W/O LATE GIDDEGOWDA, AGED ABOUT 73 YEARS,

VASANTHAKUMARI D/O LATE GIDDEGOWDA, AGED ABOUT 42 YEARS

BOTH ARE R/O KOKKONAGHATTA VILLAGE, KASABA HOBLI, HASSAN TALUK AND DIST. – 573 201.

…PETITIONERS

(BY SRI. GIRISH B. BALADARE, ADVOCATE)

Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

AND:

THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA BENGALURU – 560 001 REP. BY ITS SECRETARY

THE DEPUTY COMMISSIONER, HASSAN DISTRICT HASSAN – 573 201

ASSISTANT COMMISSIONER HASSAN SUB-DIVISION HASSAN – 573 201

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NC: 2025:KHC:31607 WP No. 23122 of 2025

HC-KAR

4. TAHASILDAR HASSAN TALUK HASSAN – 573 201

JAYAMMA W/O G MARIYAPPA, AGED ABOUT 86 YEARS

HARISH

S/O LATE MARIYAPPA, AGED ABOUT 57 YEARS THE RESPONDENT NO.6 AND 7 ARE R/AT NO.174, BANGARIGIRI NILAYA, 6^TH CROSS ROAD, TIMES SCHOOL ROAD, SATYAMANGALA, HASSAN – 573 201

…RESPONDENTS

(BY SRI. SESHU V., HCGP FOR R1 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-‘K’ THAT IS THE ORDER DATED 15.09.2023 BEARING NO. RA 753/2021-22 PASSED BY THE ASSISTANT COMMISSIONER HASSAN SIB-DIVISION, HASSAN DISTRICT AND ORDER DATED 01.04.2025 BEARING RP 50/2024-25 PASSED BY THE DEPUTY COMMISSIONER HASSAN DISTRICT AS PER ANNEXURE -N.

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

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NC: 2025:KHC:31607 WP No. 23122 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

Learned High Court Government Pleader takes notice for respondents No.1 to 4.

Learned High Court Government Pleader raises a preliminary objection that having regard to the amendment brought to Section 136(1) of the Karnataka Land Revenue Act, 1964, w.e.f., 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 HCGP, the writ petition stands dismissed while reserving liberty to the petitioners to approach the Karnataka Appellate Tribunal.

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NC: 2025:KHC:31607 WP No. 23122 of 2025

HC-KAR

Learned High Court Government Pleader is

permitted to file memo of appearance within a period of

four weeks from today.

Office is directed to return the certified copy of the

impugned order and the original documents, if any, to the

petitioners while retaining a copy for records.

Sd/(R DEVDAS) JUDGE

JT/CT:UR