Smt Chikkamma v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 7016 OF 2026 (KLR-RR/SUR) BETWEEN: SMT. CHIKKAMMA W/O LATE CHIKKAIAH, AGED ABOUT 90 YEARS, R/AT 200/1, 8TH CROSS ROAD, GANDHINAGAR, MANDYA CITY, MANDYA DISTRICT-571 401. …PETITIONER (BY SRI. SRINIVASA GOWDA B R., ADVOCATE) AND:

¶1THE STATE OF KARNATAKA REP. BY ITS REVENUE SECRETARY M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU 560 001.

¶2THE ASSISTANT COMMISSIONER PANDAVAPURA SUB DIVISION, PANDAVAPURA TOWN, MANDYA DISTRICT, MANDYA-571 401. by SHARADAVANI B Location: High Court of Karnataka e -e2e-eeeee e e NC:(2026:KHC:15134 WP(No.(7016(of(2026

3., THE,TAHSILDAR, NAGMANGALA,TALUK,,, NAGMANGALA,,, MANDYA,DISTRICT,, MANDYA-,571,401.,

4., SRI.,KOMBAIAH, S/O,LATE,DODDA,LAKKAIAH,, AGED,ABOUT,65,YEARS,,, R/AT,KOMBINAKOPPALU,VILLAGE,,, DEVALAPURA,HOBLI,,, NAGMANGALA,TALUK,,, MANDYA,DISTRICT,, MANDYA-,571,401., …RESPONDENTS, (BY,SRI.V.SESHU,,HCGP,FOR,R-1,TO,R-3), , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, QUASH, THE, IMPUGNED,ORDER,PASSED,BY,THE,R2,DATED,10.02.2026,IN,R, MIS,(NA),367/2025,VIDE,ANNX-E,AND,ETC., , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:,

CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondent Nos.1 to 3. Notice to respondent No.4 is not necessary for the following reasons:

¶2Learned High Court Government Pleader submits that the order in question is passed by the Assistant Commissioner, Pandavapura Sub-Division under Section 136(2) of the Karnataka Land Revenue Act, 1964 (for short 'the Act') and the order can be questioned before the Deputy Commissioner under Section 136(3) of the Act. However learned counsel for the petitioner submits that the Assistant Commissioner had earlier passed an order at Annexure-D in proceedings bearing number RA/RMN-015/2025 rejecting the appeal filed by respondent No.4 herein and a second proceedings could not have been initiated by respondent No.4 before the Assistant Commissioner under the same provision.

However learned High Court Government Pleader submits that in the first proceedings the petitioner was not a party respondent. In the second proceedings the petitioner has been impleaded as a party respondent No.1, the petitioner has been heard and thereafter orders have been passed by the Assistant Commissioner. Therefore, right or wrong the order has been passed by the Assistant Commissioner for the first time in the presence of the petitioner and therefore the petitioner is required to make use of the alternative efficacious remedy.

¶3The submission of the learned High Court Government Pleader is upheld. The writ petition is accordingly disposed of reserving liberty to the petitioner to approach the Deputy Commissioner. Ordered accordingly.

Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.

The certified copy of the impugned order is directed to be returned to the petitioner while retaining a copy for the records. Sd/- (R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 9