Disposed¶32

Mrs. Merita John D'Costa, v. the Deputy Commissioner

Karnataka HC29 Aug 2025WP/25852/2025

Case brief

AI extract

What is this about?

Karnataka Land Revenue Act Section 136(2) order of Assistant Commissioner challenged; alternative efficacious remedy under Section 136(3) appeal to Deputy Commissioner; writ petition disposed on preliminary objection of maintainability; mandamus for implementation of order dated 29-11-2022 in W.P. No. 1762/2005 (LR) not granted, liberty reserved; parallel proceedings under Land Revenue Act-1964; Articles 226 & 227 Constitution of India; Mangalore District/Taluk; R Devdas J.; 29 August 2025.

What did the court decide?

No mandamus issued; writ petition disposed of with liberty reserved to the petitioners to approach the Deputy Commissioner invoking Section 136(3) of the Act. Learned HCGP permitted to file memo of appearance within four weeks. ¶32

Mrs. Merita John D'Costa, Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:33710 WP No. 25852 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25852 OF 2025 (KLR-RES)

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BETWEEN:

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MRS. MERITA JOHN D'COSTA, D/O JOHN ANTHONY D'COSTA, AGED ABOUT 31 YEARS

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MR. MANUAL JOHN ANTHONY D'COSTA, S/O JOHN ANTHONY D'COSTA, AGED ABOUT 29 YEARS BOTH ARE R/A MERLA PADAVU HOUSE, ARKULA VILLAGE, FARANGIPETE POST, MANGALORE 575 001.

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…PETITIONERS

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Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA

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(BY SRI. MANJUNATH PRASAD H N., ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER, MANGALORE DISTRICT, MANGALORE 575 001.

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THE ASST. COMMISSIONER, MANGALORE SUB-DIVISION, MANGALORE - 575 001.

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THE TAHASILDAR, MANGALORE TALUK, MANGALORE 575 001.

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2 - NC: 2025:KHC:33710 WP No. 25852 of 2025

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HC-KAR

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THE LORD BISHOP, DIOSIS ESTATE OFFICE, BISHOP HOUSE, KODIYAL BAYL, MANGALORE -575 001.

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MR. MELVIN D'SOUZA, S/O LATE STANEY D'SOZA, AGED ABOUT 70 YEARS, R/A PAYYABAIL HOUSE, NEERAMARGA VILLAGE, MANGALORE 575 001

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…RESPONDENTS

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(BY SRI.V.SESHU., HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO. 1 TO 3 TO IMPLEMENT THE ORDER DATED 29-11-2022 PASSED IN W.P. NO. 1762/2005 (LR) VIDE ANNX-A IN THE ENDS OF JUSTICE AND EQUITY WITHOUT CONDUCTING PARALLEL PROCEEDINGS UNDER THE LAND REVENUE ACT-1964 AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS

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ORAL ORDER

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Learned High Court Government Pleader takes notice

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for respondents No.1 to 3. Notice to respondents No.4 and 5 is not necessary for the following reasons:

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3 - NC: 2025:KHC:33710 WP No. 25852 of 2025

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HC-KAR

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Learned High Court Government Pleader raises a preliminary objection that the petitioners are questioning the impugned order passed by the Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act.

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It is submitted that an alternative efficacious remedy is available for the petitioners under Section 136(3) of the Act.

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Upholding the submissions of the learned HCGP, the writ petition stands disposed of reserving liberty to the petitioners to approach the Deputy Commissioner invoking Section 136(3) of the Act.

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Learned HCGP is permitted to file memo of

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appearance within a period of four weeks from today.

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Sd/(R DEVDAS) JUDGE

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JT/-

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CT: JL

Mrs. Merita John D'Costa, v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Mrs. Merita John D'Costa, v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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