Disposed

Sri. Sudagadu Helava v. the Technical Assistant to Deputy Commissioner and Deputy Director

Karnataka HC9 Jan 2026WA/1676/2025

Case brief

AI extract

What is this about?

Writ appeal against dismissal of a writ petition challenging a survey-settlement appellate order; Division Bench held a second appeal under Section 50 of the Karnataka Land Revenue Act was available and directed that any such appeal filed within four weeks be decided on merits without limitation objection.

What did the court decide?

Appeal disposed with liberty to file second appeal under Section 50 KLR Act within four weeks; Appellate Authority to decide on merits without limitation bar.

Sri. Sudagadu Helava Vs the Technical Assistant to Deputy… — Land Acquisition | Karnataka HC (2026)

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NC: 2026:KHC:1447-DB WA No. 1676 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JANUARY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH

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AND

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THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1676 OF 2025 (KLR-RR/SUR)

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BETWEEN:

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SRI. SUDAGADU HELAVA SINCE DECEASED BY HIS ADOPTED SON

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SRI. NINGAIAH ALIAS BORAIAH AGED ABOUT 76 YEARS, RESIDING AT CHICKARINAKERE VILLAGE, C.A.KERE HOBLI MADDUR TALUK, MANDYA DISTRICT - 571 422.

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Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

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(BY SRI. SWAMY N.B.N, ADVOCATE)

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AND:

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…APPELLANT

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THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND DEPUTY DIRECTOR DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, MANDYA DISTRICT, MANDYA - 571 401.

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2 - NC: 2026:KHC:1447-DB WA No. 1676 of 2025

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HC-KAR

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THE ASSISTANT DIRECTOR, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, MADDUR MANDYA DISTRICT - 571 428.

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THE TAHSILDAR, MADDUR TALUK, MADDUR

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MANDYA DISTRICT - 571 428.

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SMT. N.BHAGYA WIFE OF SRI.B.BORAIAH AGED ABOUT 65 YEARS RESIDING AT CHICKARINAKERE VILLAGE C.A.KERE HOBLI MADDUR TALUK MANDYA DISTRICT - 571 422.

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SRI. B.BORAIAH, SON OF LATE D.BORAIAH AGED ABOUT 70 YEARS RESIDING AT CHICKARINAKERE VILLAGE, CA.KERE HOBLI MADDUR TALUK, MANDYA DISTRICT - 571 422.

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SMT.DUNDAMMA, WIFE OF LATE BORAIAH, MAJOR BY AGE RESIDING AT CHICKARINAKERE VILLAGE, C.A.KERE HOBLI

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HC-KAR

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MADDUR TALUK,

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MANDYA DISTRICT - 571 422.

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SRI. KEMPANA HELAVA, SON OF LATE SUDAGADU MAJOR BY AGE RESIDING AT CHICKARINAKERE VILLAGE, C.A.KERE HOBLI MADDUR TALUK, MANDYA DISTRICT - 571 422.

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SRI. M.MANCHAPPA, SON OF LATE MANCHAIAH, MAJOR BY AGE RESIDING AT DODDARINAKERE VILLAGE, C.A.KERE HOBLI MADDUR TALUK, MANDYA DISTRICT - 571 422.

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SMT. GOWRAMMA, WIFE OF LATE PAPANNA, MAJOR BY AGE RESIDING AT ALABHUJANAHALLI VILLAGE, C.A.KERE HOBLI MADDUR TALUK, MANDYA DISTRICT - 571 422.

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SRI. V. VIRUPKSHAPPA, TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND DEPUTY DIRECTOR, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, MANDYA DISTRICT,

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HC-KAR

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MANDYA - 571 401.

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SRI. BHUVANA SUNDAR ASSISTANT DIRECTOR DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS MADDUR MANDYA DISTRICT - 571 428.

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…RESPONDENTS

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(BY SRI. MOHAMMAD JAFFAR SHAH, AGA)

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THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA

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HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN W.P No. 17267/2025 AND SET ASIDE THE ORDER PASSED ON 31.07.2025 IN WP No. 17267/2025 BY THE LEARNED SINGLE

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JUDGE AND RESTORE WP NO. 17267/2025 ON FILE OF THIS COURT AND ETC.,

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

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JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:1447-DB WA No. 1676 of 2025

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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This appeal has been filed impugning the order dated 31.07.2025 passed by the learned Single Judge in W.P No.17267/2025, whereby the petitioner’s challenge to the order dated 13.02.2025 passed by the Technical Assistant to the Deputy Commissioner and Deputy Director, Department of Survey and Settlement of Land Records, Mandya District was rejected on the ground that the petitioner would have statutory remedy of filing the second appeal under Section 50 of the Karnataka Land Revenue Act, 1964 (for short ‘KLR Act’).

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The order impugned in the writ petition has been passed in Appeal No. 137/ 2024 instituted under Section 49 of the Karnataka Land Revenue Act. Section 50 provides for the second appeal, which reads as under:

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“ 50. Second Appeal.—(1) A second appeal shall lie against any order passed in a first appeal under section 49,—

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(a) if such an order is passed by the Assistant Commissioner, to the Deputy Commissioner;

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HC-KAR

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1[(b) if such an order is passed by the Deputy Commissioner, to the Tribunal;

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(b1) if such an order is passed by the

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2[Assistant Director for Settlement or the Assistant Director of Land Records], to the Director of Survey, Settlement and Land Records;]

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(c) if such an order is passed by the 2[Joint Director of Land Records or Joint Director for Settlement]2 or by the [Director of Survey], Settlement and Land Records to the Tribunal.

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(2) An order passed on second appeal shall be final.

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The appellant has the statutory remedy of filing the appeal before the Director, Department of Survey, Settlement and Land Records against the impugned order dated 13.02.2025 passed in Appeal No.137/2024. We are therefore of the view that the learned Single Judge has rightly dismissed the petition on the ground of statutory remedy of second appeal available to the petitioner.

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NC: 2026:KHC:1447-DB WA No. 1676 of 2025

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HC-KAR

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If the appellant files an appeal within four weeks from today, the Appellate Authority shall consider the appeal on merit without going into the question of limitation.

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With the aforesaid observation, the appeal is disposed

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of.

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In view of the disposal of this writ appeal, pending IA’s, if any, stands disposed of.

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Sd/(D K SINGH) JUDGE

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Sd/(S RACHAIAH) JUDGE

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List No.: 1 Sl No.: 8

Sri. Sudagadu Helava v. the Technical Assistant to Deputy Commissioner and Deputy Director

Case brief

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Sri. Sudagadu Helava v. the Technical Assistant to Deputy Commissioner and Deputy Director

Case brief

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