IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 28693 OF 2025 (KLR-RES)

BETWEEN:

SMT. NANJAMMA AGED ABOUT 85 YEARS, W/O LAXMANAGOWDA, R/A BEERANAHALLI VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT- 573135.

…PETITIONER (BY SRI. K.P. BHUVAN, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, Digitally signed by REVENUE DEPARTMENT, SHARADAVANI B M.S. BUILDING, Location: High BENGALURU 560001, Court of Karnataka REP. BY ITS CHIEF SECRETARY.

2. THE ASSISTANT COMMISSIONER, HASSAN SUB DIVISION, HASSAN 573201.

3. THE TAHSILDAR, HASSAN SUB DIVISION, HASSAN-573201.

4. THE PRESIDENT, BAGAR HUKKAN SAGUVALI, SAKRAMA SAMITHI, CHANNARAYAPATNA, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116.

5. THE SECRETARY, BAGAR HUKKAN SAGUVALI, SAKRAMA SAMITHI, CHANNARAYAPATNA, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116.

6. SRI RAMEGOWDA S/O BANGIGOWDA, AGED ABOUT 60 YEARS, R/A BEERANAHALLI VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT- 573135.

…RESPONDENTS (BY SRI. .,ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.01.2024 IN CASE R.A.NO.348/2018-19 PASSED BY THE R-2 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

Learned Additional Government Advocate accepts notice for respondents No.1 to 3.

2. The present petition has been filed calling in question the correctness of the order passed in RA.No.348/2018-19 passed by the Assistant Commissioner.

3. Learned Additional Government Advocate would submit that the order passed under Section 49 of the Karnataka Land Revenue Act (for short 'the Act') read with Rule 108K of the Karnataka Land Revenue Rules, is an order that against which a second appeal would lie under Section 50 of the Act and accordingly, submits that the petitioner may be relegated to avail the remedy of second appeal.

4. Taking note of the said submission, the petition is disposed of relegating the petitioner to avail the remedy of second appeal under Section 50 of the Act or as is permissible under the provisions of the Karnataka Land Revenue Act and Rules.

5. In the interregnum, there would be stay of the order at Annexure-A for a period of 30 days. If appeal is filed within a period of two weeks, same to be taken on record and appropriate orders to be passed as regards the aspect of limitation.

6. Notice to other respondents is dispensed, in light of the order passed relegating the petitioner to avail the substantive remedy.

Accordingly, the petition is disposed of Sd/-

(S SUNIL DUTT YADAV)

JUDGE MCR