Karnataka High Court
Smt Mary Rose Ramani vs Revenue Department on 30 September, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC:39345-DB
WA No. 1628 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO. 1628 OF 2025 (KLR-LG)
BETWEEN:
1. SMT MARY ROSE RAMANI
ALIAS RAMANI AMARNATH
W/O M R AMARNATH
AGE 57 YEARS
AT NO.77 MIGH KHB COLONY
5TH BLOCK, KORAMANGALA LAYOUT
BENGALURU - 560 095
2. PREM KUMAR RAJENDRAN PAUL
S/O LATE MAJOR Y S PAUL
Digitally signed
by SHWETHA AGED 55 YEARS
RAGHAVENDRA
Location: HIGH NO.226, TRIANGLE ROAD MASSEY
COURT OF
KARNATAKA WAITAKERE CITY AUCKLAND
0614 NEW ZEALAND
REP BY GPA HOLDER
MARY ROSE RAMANI
...APPELLANTS
(BY SRI. N. SUKUMAR JAIN, ADVOCATE)
AND:
1. REVENUE DEPARTMENT
-2-
NC: 2025:KHC:39345-DB
WA No. 1628 of 2025
HC-KAR
VIDAN SOUDHA
BANGALURU BY
ITS SECRETARY - 560 001
2. DEPUTY COMMISSIONER
BANGALURU CITY - 560 001
3. TAHSILDAR
BANGALURU NORTH
ADDITIONAL TQ
YALAHANKA
BANGALURU - 560 064
4. DEPUTY POLICE COMMISSIONER
CAR NORTH BENGALURU
BENGALURU
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
***
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO A. SET ASIDE THE ORDER
DATED 30.08.2025 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.26170/2025, CONSEQUENTLY, B. CONSEQUENTLY,
SET ASIDE ORDER LND/NA/CR/115 /2001-02 DT.8.08.2025
MARKED AS ANNEXURE "Q" IN W.P.NO.26170/2025 PASSED BY
THE 2ND RESPONDENT AND TO ALLOW THE
W.P.NO.26170/2025 IN THE INTEREST OF JUSTICE AND TO
PASS ANY OTHER ORDER UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE.
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
and
HON'BLE MR. JUSTICE RAJESH RAI K
-3-
NC: 2025:KHC:39345-DB
WA No. 1628 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned High Court Government Pleader accepts
notice for respondents No.1 to 4.
2. The appellants are before this Court, seeking for
the following reliefs:
"a. Set aside the order dated 30.08.2025 passed
by the learned Single Judge in
W.P.No.26170/2025, consequently,
b. Consequently, set aside order LND/NA/CR/115
/2001-02 dt.8.08.2025 marked as Annexure "Q"
in W.P.No.26170/2025 passed by the 2nd
respondent and to allow the W.P.No.26170/2025
in the interest of justice and to pass any other
order under the facts and circumstances of the
case."
3. The appellants are challenging the order dated
30.08.2025, passed by the learned Single Judge in
Writ Petition No.26170/2025 (KLR-LG), where
under, the learned Single Judge, noticing that
there is an appeal remedy available for the
appellants, before the Karnataka Appellate
Tribunal, in terms of clause (c) of Section 49 of
NC: 2025:KHC:39345-DB
HC-KAR
the Karnataka Land Revenue Act, disposed of the
matter.
4. The submission of the learned counsel for the
appellants is that the impugned order is not the
order in Original, inasmuch as it is an order of
grant, which is the order in Original and by way of
the impugned order, the order of grant has been
revoked and reservation of the road has been
deleted and therefore, the same cannot be
considered to be an order in Original.
5. We are unable to accept the said submission of
the learned counsel for appellants, inasmuch as
the grant order is not the order the appellants are
aggrieved by. It is this order at Annexure Q that
the appellants could be aggrieved which has been
passed by the Deputy Commissioner. The Deputy
Commissioner, considering that there was public
nuisance, has passed the concerned order.
NC: 2025:KHC:39345-DB
HC-KAR
6. In that view of the matter, Annexure Q would be
the order in original as regards which the
appellants have an alternative, efficacious remedy
in terms of clause (c) of Section 49 of the
Karnataka Land Revenue Act before the Karnataka
Appellate Tribunal, as held by the learned Single
Judge.
7. No grounds being made out by the appellants, the
appeal stands dismissed.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
BMV*
CT-SG
