Karnataka High Court
Sri. M V Seshan vs The Assistant Commissioner on 29 January, 2025
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NC: 2025:KHC:4196
WP No. 2288 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.2288 OF 2025 (KLR-RES)
BETWEEN:
SRI. M.V. SESHAN
S/O LATE M. VENKATARAMAIAH
AGED ABOUT 72 YEARS,
R/AT NO.36, 2ND MAIN,
BINNY LAYOUT, CHANDRA LAYOUT,
BENGALURU - 560 040.
...PETITIONER
(BY MS. HARISHITHA, ADVOCATE FOR
SRI. VAMSHI KRISHNA C., ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER
MULABAGAL TALUK,
KOLAR DISTRICT - 563 101.
Digitally signed by
AL BHAGYA
Location: HIGH 2. THE TAHSILDAR
COURT OF MULABAGAL TALUK,
KARNATKA
KOLAR DISTRICT - 563 101.
3. SRI. HARSHA MURTHY
S/O M.V.MURTHY,
AGED ABOUT 45 YEARS,
R/AT NO.83, 16TH CROSS,
14TH MAIN, 4TH SECTOR,
HSR LAYOUT,
BENGALURU - 560102.
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WP No. 2288 of 2025
4. SHRI. M. MURTHY
S/O LATE M.VENATARAMAIAH
AGED ABOUT 75 YEARS,
R/AT FLAT NO.B2-1307, 1
13TH FLOOR, GOKULAM APARTMENT,
KANAKPURA ROAD,
BENGALURU - 562 117.
5. SRI. SOMA SHANKAR M.
S/O LATE M.G.MUNIYAPPA,
AGED ABOUT 51 YEARS,
R/AT SOMESHWARA PALYA VILLAGE,
NEAR SOMESHWARA PALYA TEMPLE,
MULABAGAL TOWN, WARD NO.23,
MULABAGAL TALUK,
KOLAR DISTRICT - 563 131.
6. SRI. SYED TABRAZ PASHA
S/O SYED MUNAVAR PASHA
AGED ABOUT 37 YEARS,
R/AT MULABAGAL TOWN,
SHAMEER MOHALLA,
MULABAGAL TALUK,
KOLAR DISTRICT - 563 131.
7. SRI. RAHMATHULLAH SHARIEF
S/O ATHAULLLA SHARIEF,
AGED ABOUT 45 YEARS,
R/AT MULABAGAL TOWN,
NO. 2541, MC ROAD,
KHALIF MOHALLA,
NEAR BALE CHANGAPPA SCHOOL,
MULABAGAL TALUK,
KOLAR DISTRICT - 563 131.
...RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER DATED 07.11.2024 PASSED BY
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WP No. 2288 of 2025
THE RESPONDENT NO.1 UNDER SECTION 55 OF THE
KARNATAKA LAND REVENUE ACT, 1964 IN R.A.NO. 827 OF
2024 VIDE ANNEXURE -A BY ISSUING A WRIT OF CERTIORARI
OR ANY OTHER WRIT OR ORDER AS THIS HON'BLE MAY DEEM
FIT, IN THE INTERESTS OF JUSTICE AND EQUITY; AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned AGA is directed to accept notice for the
respondent Nos.1 and 2.
2. The captioned petition is filed assailing the
interim order granted by the respondent No.1/Assistant
Commissioner while entertaining appeal under Section
136(2) of the Karnataka Land Revenue Act, 1964.
Petitioner contends that respondent No.3 having filed a
comprehensive suit in O.S.No.124/2024 cannot maintain
an appeal under Section 136(2) questioning the
alienations made by the private respondents.
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3. Learned counsel appearing for the petitioner
reiterating the grounds would point out that respondent
No.1/Assistant Commissioner lacks jurisdiction to entertain
the appeal in view of pendency of suit in
O.S.No.124/2024. She would point out that the interim
order granted by the respondent No.1/Assistant
Commissioner clearly contravenes the principles of natural
justice and therefore, the proceedings are liable to be
stayed by this Court. She would also point out that the
petitioner and her family members have alienated the
property which is traced through registered release deed
and therefore, the purchasers namely respondent Nos.5, 6
and 7 having acquired title under registered sale deed
have clearly acquired requisite ingredients which mandates
change of katha under Sections 128 and 129 of the
Karnataka Land Revenue Act.
4. Upon careful consideration of the submissions
made by the learned counsel on record, this Court finds
that the ex-parte interim order granted by the Assistant
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Commissioner is limited in its operation only until the next
date of hearing. When queried by the Court, the learned
counsel for the petitioner candidly acknowledged that the
matter is scheduled for hearing tomorrow. In such
circumstances, the petitioner has an adequate opportunity
to present all relevant documents and any applicable
judicial precedents, including the judgment rendered by
the Full Bench while answering a reference in the case
of Smt. Jayamma and Others vs. The State of
Karnataka Represented by its Secretary, Department
of Revenue and Others1. It is, therefore, open to the
petitioner to effectively argue the case before the
appropriate forum instead of prematurely approaching this
Court.
5. This Court also observes that instead of availing
the alternative remedies available under law, the
petitioner has chosen to directly invoke the extraordinary
writ jurisdiction of this Court at an interlocutory stage. The
ILR 2020 Kar 1449
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interim relief granted by the Assistant Commissioner is
purely temporary in nature and does not cause any
irreparable harm to the petitioner, as it is subject to
review at the very next scheduled hearing. The petitioner
retains the right to contest the order by placing on record
all necessary documents and legal precedents before the
concerned authority. In view of these circumstances, this
Court is disinclined to interfere at this stage, particularly
when the impugned order is neither final nor conclusive
but merely an interim arrangement pending further
proceedings.
6. Therefore, reserving liberty to the petitioner to
raise all the grounds that are raised in the captioned
petition and oppose the extension of interim order, the
captioned petition stands disposed of.
All contentions are kept open.
SD/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
