[Cites 2, Cited by 0]
Karnataka High Court
Arase Gowda @ Chikkanna vs State Of Karnataka on 8 December, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2025:KHC:51742
WP No. 22080 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8 TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 22080 OF 2024 (KLR-RES)
BETWEEN:
1. ARASE GOWDA @ CHIKKANNA
S/O LATE SONNE GOWDA,
AGED ABOUT 57 YEARS,
B.C HALLI DISTRICT,
BANNURU HOBLI,
T NARASIPURA TALUK,
MYSORE-571 101
... PETITIONER
(BY SRI. RAJESWARA P N., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed
by VIDYA G R URBAN DEVELOPMENT DEPARTMENT,
Location: M.S.BUILDING,
HIGH COURT
OF BENGALURU-560 001
KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. TAHSILDAR
TAHSILDAR OFFICE BUILDING,
T NARASIPURA TALUK,
MYSORE-571 101
3. ASSISTANT DEPUTY DIRECTOR
OF LAND RECORDS
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NC: 2025:KHC:51742
WP No. 22080 of 2024
HC-KAR
OFFICE OF THE COLLECTOR,
MYSORE DISTRICT,
MYSORE-571 101
... RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ENDORSEMENT BEARING NO. TAM(4) NO.1/HIM/2024 DTD.
11.07.2024 ISSUED BY THE R-3 AS PER ANNEXURE-A AND
ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
This petition has been filed seeking to set aside the
endorsement at Annexure-'A' dated 11.07.2024. The
Technical Assistant to the Deputy Commissioner who is
officiating as Deputy Director of Land Records, by the said
endorsement, has disposed of the appeal filed under
Section 49(A) of the Karnataka Land Revenue Act, 1964
on the ground that challenge to the earlier Phodi and
durasth cannot be considered, in light of the proceedings
pending before this Court in RSA Nos.234/2022 c/w
622/2022 and 686/2022.
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HC-KAR
2. Learned counsel for the petitioner has filed
I.A.No.2/2025 for production of additional documents and
has produced copy of the judgment dated 20.03.2025
passed in RSA No.234/2022 c/w RSA Nos.622/2022 and
686/2022. The said Second Appeals have been withdrawn.
The relevant observation at para-3 is as follows:-
"3. The appellants in RSA No.234/2022 have filed
a memo stating that the legal representatives of
defendant No.6 seeks leave of the Court to
withdraw their counter claim with liberty to move
the revenue/survey authorities for getting pakka
phodi durasth work concerning their land in
Sy.No.296, block No.6, measuring one acre of
T.Narasipura Taluk, Bannur Hobli, B.Seehalli
Village and also with liberty to file a fresh suit
before the Competent Civil Court, seeking
appropriate relief including the one for permanent
injunction or declaration of title with consequential
relief.
4. The Memo is placed on record.
5. The appeal in RSA No.234/2022 is
dismissed as withdrawn.
In view of the dismissal of the appeals,
pending I.As if any, do not survive for
consideration, and are accordingly, disposed of.
3. Taking note of the same, the endorsement at
Annexure-'A' dated 11.07.2024 requires to be set aside, in
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light of the subsequent event of disposal of RSA
No.234/2022 c/w RSA Nos.622/2022 and 686/2022 by this
Court.
4. Accordingly the endorsement at Annexure-'A'
dated 11.07.2024 is set aside. The appeal filed under
Section 49(A) of the Karnataka Land Revenue Act, 1964
stands revived. All contentions are kept open.
5. Learned counsel appearing for impleading
applicants is not present.
6. However, taking note of the subsequent event
of disposal of RSA No.234/2022 c/w RSA Nos.622/2022
and 686/2022, the endorsement requires to be set aside
and by virtue of setting aside of the endorsement, the
impleading applicants, who are parties in the civil
proceedings cannot be said to be prejudiced. Accordingly,
no order requires to be passed as regards impleading
application and is accordingly disposed of.
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HC-KAR
7. In light of setting aside of endorsement at
Annexure-'A' dated 11.07.2024, consequently, the
proceedings under Section 49(A) of the Karnataka Land
Revenue Act, 1964, pending before respondent No.3 stands
revived. If the petitioner were to make a request for
interim relief, the same may be considered and
appropriate orders be passed within ten days from the
date of making such request. All contentions are kept
open.
Accordingly, the petition is disposed of.
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
VGR
