Smt. Nagarathnamma vs The State Of Karnataka
2022 Latest Caselaw 7789 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 31ST DAY OF MAY, 2022

                        BEFORE

       THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

            W.P.No.14209/2021 (KLR-RES)

BETWEEN:

1.     SMT. NAGARATHNAMMA,
       W/O SRI. MAHADEVAIAH,
       D/O LATE S.R.GOWDA,
       AGED ABOUT 64 YEARS,
       RESIDING AT BYRASANDRA VILLAGE,
       HARALURU POST, GULURU HOBLI,
       TUMAKURU TALUK - 572 104,
       TUMAKURU DISTRICT.

2.     SMT. LEELAVATHI,
       W/O B. RAJANNA,
       D/O LATE S.R.GOWDA,
       AGED ABOUT 68 YEARS,
       RESIDING AT MALLESHWARA NILAYA,
       6TH CROSS, SREE NAGARA,
       BANDEPALYA,
       TUMAKURU CITY - 572 104.
                                    ... PETITIONERS

(BY SRI.FAYAZ SAB B.G., ADV.,)

AND:

1.     THE STATE OF KARNATAKA,
       REPRESENTED BY ITS SECRETARY,
       DEPARTMENT OF REVENUE,
       M S BUILDING,
       BENGLAURU - 560 001.
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2.   THE DEPUTY COMMISSIONER,
     TUMAKURU DISTRICT,
     TUMAKURU - 572 101.

3.   THE ASSISTANT COMMISSIONER,
     TUMAKURU SUB DIVISION,
     TUMAKURU DISTRICT,
     TUMAKURU - 572 101.

4.   THE TAHASILDAR,
     TUMAKURU TALUK,
     TUMAKURU - 572 101.

5.   SRI. RUDRESH,
     S/O SHIVANNA,
     AGED ABOUT 48 YEARS,
     RESIDING AT BYRASANDRA VILLAGE,
     GULURU HOBLI,
     TUMAKURU TALUK,
     TUMAKURU DISTRICT - 572 101.
                                       ... RESPONDENTS

(BY SRI.R.SRINIVASA GOWDA, AGA FOR R1 TO R4)

     THIS PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
AN IMPUGNED ORDER DATED 19.03.2015, PASSED BY THE
R2 IN REVENUE REVISION PETITIONER IN R.P.NO.104/2014-
15 WHEREIN AN ORDER DATED 25.02.2015 PASSED BY THE
ASSISTANT COMMISSIONER, THE R3 PASSED IN REVENUE
APPEAL IS STAYED TILL PASSING OF FINAL JUDGMENT AND
DECREE IN O.S.NO.507/2010 AND O.S.NO.203/1994, WHICH
IS PRODUCED HEREWITH FOR THE KIND PERUSAL OF THIS
HONBLE COURT AND MARKED AS ANNEXURE-J, AS ILLEGAL,
ARBITRARY, CAPRICIOUS, MALAFID, WITHOUT APPLICATION
OF MIND AND OPPOSED TO THE PRINCIPLES OF NATURAL
JUSTICE.

     THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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                                  ORDER

This writ petition is filed challenging the grant of an

interim order in a Revision Petition which had been filed

under Section 136(3) of the Karnataka Land Revenue Act,

1964.

2. Learned counsel for the petitioners submits that,

during the pendency of this writ petition, the revision petition

itself has been dismissed.

3. In view of the said submission, the main prayer

made in the writ petition would not survive for consideration

at all.

4. Learned counsel for the petitioners submits that

the petitioners have also sought for a direction to change the

revenue records in respect of the properties in-question in the

name of the petitioners subject to the final judgment and

decree that may be passed in O.S.No.507/2010 and

O.S.No.203/1994.

5. In my view, it would be appropriate to the

petitioners to make a request to the concerned Authority in

this regard and if such an application is made, the same shall

be considered in a manner known to law within a period of

three months from the date of receipt of this order.

Subject to the above, the writ petition is dismissed.

Sd/-

JUDGE

JS/-