Smt Jayapadma vs the State of Karnataka

Smt Jayapadma vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Apr 01, 2025

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Citation: sooperkanoon.com/1753629
Court: Karnataka Orders High Court
Judge: N S Sanjay Gowda
Decided On: Apr 01, 2025
Case Number: WP/24373/2024

Parties & Advocates

Appellant / Petitioner

Smt Jayapadma

Respondent

The State of Karnataka

Excerpt

.....bengaluru rural district …respondents (by sri. v.shiva reddy., aga for r-1 to r-4) this wp is filed under articles 226 and 227 of the constitution of india, praying to quashing the entire proceedings in rp 115/2024 on the file of the r-2 as per annexure-l, etc. this petition, coming on for preliminary hearing, this day, order was made therein as under: coram: hon'ble mr justice n s sanjay gowdaoral order1. the petitioners are challenging the grant of aninterim order by the deputy commissioner and are also questioning the justification for entertaining the proceedings under section 136(3) of the karnataka land revenue act. -4-2. in my view, there is no justification to entertain this writ petition against the grant of an interim order by the deputy commissioner.3. if the deputy commissioner, on the informationreceived, has decided to invoke his powers under section 136(3) of the karnataka land revenue act, the same cannot be scuttled at the instance of the petitioners on the ground that there is no justification for the entry. the deputy commissioner has the statutory right to examine the entries and see if they are regularly made in accordance with law.4. i am therefore of the view that there is no justification for entertaining this writ petition. this writ petition is therefore dismissed.5. however, liberty is reserved to the petitioners to raise all such contentions that are available to them before the deputy commissioner in the pending revision. -5-6. in view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. sd/- (n s sanjay gowda) judge gsr list no.: 1 sl no.: 7

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 24373 OF 2024 (KLR-RES) BETWEEN:
1. SMT JAYAPADMA W/O LATE M BALASUNDARM AGED ABOUT 76 YEARS
2. SMT VASUDHA B D/O LATE M BALASUNDARM AGED ABOUT 56 YEARS
3. VISHNU PRASAD B S/O LATE M BALASUNDARM AGED ABOUT 53 YEARS
4. SUBHADRA B

D/O LATE M BALASUNDARM AGED ABOUT 49 YEARS Digitally 5. MADHAVAPRASAD B signed by KIRAN S/O LATE M BALASUNDARM KUMAR R Location: AGED ABOUT 46 YEARS HIGH COURT OF KARNATAKA 6. SMT SHARDAMMA W/O LATE M JANARDHANA AGED ABOUT 81 YEARS

7. SMT SHYLAJA J D/O LATE M JANARDHANA AGED ABOUT 54 YEARS

8. SRIHARI J S/O LATE M JANARDHANA AGED ABOUT 51 YEARS -2-

9. KESHAVA J S/O LATE M JANARDHANA AGED ABOUT 48 YEARS

10. SMT INDIRAMMA D/O M C MUNISHAMAPPA AGED ABOUT 85 YEARS

11. SMT M SUNANDA W/O LATE RAVICHANDRA M AGED ABOUT 72 YEARS

12. ARAVINDA MADHUSUDHANR S/O LATE RAVICHANDRA M AGED ABOUT 49 YEARS

13. AJAY R S/O LATE RAVICHANDRA AGED ABOUT 42 YEARS ALL ARE RESIDING AT NO 161, SHUBHODAYA, 5TH CROSS ROAD, MINIRATHNAM NAIDU LANE, SIR M V LAYOUT HOSKOTE TOWN BENGALURU - 562114 …PETITIONERS (BY SRI. GIREESHA KODGI., ADVOCATE) AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU - 560001

2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BEERADENAHALLI, BENGALURU RURAL DISTRICT-562110. -3-

3. ASSISTANT COMMISSIONER DODDABALLAPUR SUB DIVISION DODDABALLAPUR - 561203

4. THE TAHASILDAR

OFFICE OF THE TAHSILDHAR HOSAKOTE HOSAKOTE TALUK BENGALURU RURAL DISTRICT …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA FOR R-1 TO R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ENTIRE PROCEEDINGS IN RP 115/2024 ON THE FILE OF THE R-2 AS PER ANNEXURE-L, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

1. The petitioners are challenging the grant of an

interim order by the Deputy Commissioner and are also questioning the justification for entertaining the proceedings under Section 136(3) of the Karnataka Land Revenue Act. -4-

2. In my view, there is no justification to entertain this writ petition against the grant of an interim order by the Deputy Commissioner.

3. If the Deputy Commissioner, on the information

received, has decided to invoke his powers under Section 136(3) of the Karnataka Land Revenue Act, the same cannot be scuttled at the instance of the petitioners on the ground that there is no justification for the entry. The Deputy Commissioner has the statutory right to examine the entries and see if they are regularly made in accordance with law.

4. I am therefore of the view that there is no justification for entertaining this writ petition. This writ petition is therefore dismissed.

5. However, liberty is reserved to the petitioners to raise all such contentions that are available to them before the Deputy Commissioner in the pending revision. -5-

6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 7

Same Court & Year Karnataka Orders · 2025 Same Parties Smt Jayapadma vs The State of Karnataka Same Judge N S Sanjay Gowda