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CDJ 2025 Kar HC 1852 print Preview print print
Court : High Court of Karnataka
Case No : Writ Petition No. 36658 of 2025 (GM-POLICE)
Judges: THE HONOURABLE MR. JUSTICE SURAJ GOVINDARAJ
Parties : Shekharappa Munchinamane Versus State Of Karnataka By Its Secretary, Department Of Revenue, Bengaluru & Others
Appearing Advocates : For the Petitioner: Mahesh R. Uppin, Advocate. For the Petitioner: R1 to R3, Sidarth Babu Rao, Aga, R4, Raghavendra, Advocate.
Date of Judgment : 04-12-2025
Head Note :-
Constitution of India - Articles 226 and 227 -

Comparative Citation:
2025 KHC 50798,
Judgment :-

(Prayer: This WP is filed under Articles 226 and 227 of the Constitution of India praying to quash the letter dated 01/12/2025 bearing no. mag/misc.cr 180/25-26 issued by the tahasildar, soraba R3 marked as annexure-m and etc.,)

Oral Order:

1. LearnedAGAacceptsnoticeforrespondentNos.1to 3.

2. Sri Raghavendra G, learned counsel has filed caveat and accepts notice for respondent No.4.

3. The petitioner is before this Court seeking for the following reliefs:

                  " i) Quash the letter dt: 01.12.2025 bearing No.MAG/Misc.CR 180/25-26 issued by the Tahasildar, Soraba- Respondent No.2 marked as Annexure 'M' by issuing a writ in the nature of Certiorari; and

                  ii) Pass such other orders as deems fit to grant under the circumstances of the case in the interest of justice."

4. Annexure 'M' Order on 01.02.2025 has been passed, in  pursuance  of  the  order  at  Annexure  'L',  which though dated 21.11.2025 has been digitally signed by the Tahsildar on 29.11.2025 at 17.56 hours, the said order can at the most said to have come into operation on 29.11.2025 in respect of the date of the order.

5. Immediately after the said order, the Tahsildar who had passed that order has directed the jurisdictional police to        offer police protection on 01.12.2025 without even  waiting for the appeal period to  get over, thus rendering the petitioner without any remedy.

6. Time is granted to the petitioner to file an appeal until 09.12.2025. If the appeal and stay application were to be   filed by 09.12.2025,  the appellate authority is directed to consider the stay application and pass necessary orders as expeditiously as possible. Till the disposal of the stay application, the operation of Annexure 'M' is stayed. So also respondent No. 4 is restrained from harvesting the crop till that date.

7.  The appellate authority shall consider the appeal and the application for stay without being influenced by the orders of this Court.

8. Needless to say, if appeal is not filed by 09.12.2025, the stay granted shall stand automatically vacated.

9. Learned AGA is directed to inform the jurisdictional police authority about the above order.

10. Hand delivery is permitted.

11. Petition stands disposed in terms of the above.
 
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