Smt.Varamahalaxmi W/O Nagaraj Shetty vs Deputy Commissioner
2026 Latest Caselaw 2731 Kant

Karnataka High Court

Smt.Varamahalaxmi W/O Nagaraj Shetty vs Deputy Commissioner on 26 March, 2026

                                                  -1-
                                                               NC: 2026:KHC-D:4720
                                                         WP No. 116467 of 2019


                    HC-KAR



                    IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                          DATED THIS THE 26TH DAY OF MARCH, 2026
                                          BEFORE
                             THE HON'BLE MS. JUSTICE JYOTI M
                   WRIT PETITION NO. 116467 OF 2019 (KLR-RR/SUR)

                   BETWEEN:
                   SMT. VARAMAHALAXMI
                   W/O. NAGARAJ SHETTY CHITRALI,
                   AGE: 49 YEARS,
                   OCC: AGRICULTURE AND HOUSEHOLD WORK,
                   R/O: ABBIGERI, TQ: AND DIST: KOPPAL.
                                                                       ... PETITIONER
                   (BY SRI. M.B. HIREMATH, ADVOCATE)

                   AND:
                   1.   DEPUTY COMMISSIONER, KOPPAL.

                   2.   THE DEPUTY DIRECTOR OF LAND RECORDS,
                        KOPPAL.

                   3.   THE THASHILDAR, KOPPAL.

                   4.   KENCHAPPA S/O. ISHWARPPA SABARAD,
                        AGED ABOUT 56 YEARS,
                        OCC: AGRICULTURE,
Digitally signed
by
PREMCHANDRA
                        R/O: ABBIGERI,
MR
Location: HIGH
COURT OF
                        TQ: AND DIST: KOPPAL.
KARNATAKA



                   5.   SHIVAREDDY S/O. SHIVAKOTTIREDDY
                        @ RAMASWAMY REDDY,
                        AGE: MAJOR, OCC: AGRICULTURE,
                        R/O: ABBIGERI, TQ: AND DIST: KOPPAL.
                                                                 ... RESPONDENTS
                   (BY SMT. MALA.B.BHUTE, AGA FOR R1 TO R3;
                    SRI. RAJASHEKHAR.R.GUNJALLI, ADVOCATE FOR R4;
                    NOTICE TO R5 IS SERVED)

                        THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                   OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
                               -2-
                                           NC: 2026:KHC-D:4720
                                       WP No. 116467 of 2019


HC-KAR



      THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

                           ORAL ORDER

Sri.M.B.Hiremath., counsel for the petitioner, Smt.Mala

B.Bhute., Additional Government Advocate for respondents 1 to

3 and Sri.Rajashekhar R.Gunjalli., counsel for respondent No.4

have appeared in person.

2. The petitioner has purchased agricultural land

bearing Sy. No.73/2 measuring 2 acres 31 guntas situated at

Tavargeri village of Irkalgud Hobli, Taluk & District Koppal, from

its owner Sri. Sangappa S/o. Sangappa Baagli for valuable

consideration under a registered sale deed dated 19.12.2011.

Respondent No.4, Sri. Kenchappa Sabarad is the owner of the

adjacent land bearing Sy.No.73/3 measuring 9 acres. After

execution of the sale deed, the petitioner applied for issuance of

Form No.10. The Revenue Surveyor issued notice to all adjoining

landowners, including respondent No.4, who acknowledged the

notice and participated in the survey proceedings.

Subsequently, respondent No.4 filed a second appeal before

the Deputy Director of Land Records, Koppal (DDLR), seeking

NC: 2026:KHC-D:4720

HC-KAR

cancellation of Form No.10 on the ground of alleged interference

with his possession. The DDLR, by order dated 14.01.2015,

rejected the appeal. Aggrieved by the said order, respondent

No.4 preferred a revision under Section 50 of the Karnataka Land

Revenue Act, 1964, before the Deputy Commissioner. The

Deputy Commissioner, by order dated 07.11.2019, allowed the

revision petition. Aggrieved by the said order, the petitioner has

filed the present writ petition.

3. Counsel for the respective parties have advanced

their arguments. The records have been carefully perused.

4. The principal contention urged by the petitioner is

that the impugned order passed by the Deputy Commissioner is

without jurisdiction. It is contended that the Deputy

Commissioner is not vested with the power to entertain

proceedings of the present nature under Section 50 of the

Karnataka Land Revenue Act, 1964.

Upon perusal of the provisions of the Act and the material

on record, it is evident that respondent No.4 had initially

preferred a second appeal under Section 50 of the Act. However,

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HC-KAR

the Deputy Commissioner has exercised powers under Section

56 of the Act and allowed the revision petition. Further, it is clear

that against the order passed by the DDLR, the appropriate

remedy available to respondent No.4 was to approach the Joint

Director of Land Records (JDLR). Instead, respondent No.4 has

approached the Deputy Commissioner by filing a revision petition

before an incompetent forum. In the considered opinion of this

Court, the Deputy Commissioner had no jurisdiction to entertain

the said proceedings or to pass the impugned order. The order is

therefore without the authority of law and liable to be set aside.

5. Accordingly, a writ of certiorari is issued. The order

dated 07.11.2019 passed by the Deputy Commissioner is hereby

quashed.

6. As a result, the writ petition is allowed.

Sd/-

(JYOTI M) JUDGE RH LIST NO.: 1 SL NO.: 35