- 1 - NC: 2025:KHC:5344 WP No. 130 of 2025 C/W WP No. 135 of 2025 WP No. 141 of 2025 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 130 OF 2025 (KLR-RES) C/W WRIT PETITION NO. 135 OF 2025 (KLR-RES) WRIT PETITION NO. 141 OF 2025 (KLR-RES) WRIT PETITION NO. 153 OF 2025 (KLR-RES) WRIT PETITION NO. 154 OF 2025 (KLR-RES) IN WP No. 130 OF 2025 BETWEEN: 1. SRI. MANJUNATH AGED ABOUT 36 YEARS, S/O LATE MUNIYAPPA @ ANNAYAPPA, 2. SRI. M. SURESH AGED ABOUT 33 YEARS, S/O LATE MUNIYAPPA @ ANNAYAPPA, BOTH ARE RESIDING AT SAMPANGERE VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. …PETITIONERS (BY SRI.C M NAGABHUSHANA, ADVOCATE FOR SRI. AVINASH B C.,ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5344 WP No. 130 of 2025 C/W WP No. 135 of 2025 WP No. 141 of 2025 AND 2 OTHERS AND: 1. STATE OF KARNATAKA BY ITS REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001. REPRESENTED BY ITS SECRETARY. 2. DEPUTY COMMISSIONER KOLAR DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, KOLAR-563 101. 3. THE TAHSILDAR, MALUR TALUK, KOLAR-563 101. …RESPONDENTS (BY SMT. B P RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE IMPUGNED ORDER DTD. 02.02.2024 PASSED BY THE R-2 IN PROCEEDINGS NO. R.R.T.C.R 81/2014-15 VIDE ANNX-A. AS SO FAR PETITIONER CONCERNED. IN WP NO. 135 OF 2025 BETWEEN: 1. SMT YELLAMMA AGED ABOUT 61 YEARS, W/O LATE MUNIYAPPA, RESIDING AT SAMPANGERE VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. ...PETITIONER (BY SRI.C M NAGABHUSHANA, ADVOCATE FOR SRI. AVINASH B C.,ADVOCATE) - 3 - NC: 2025:KHC:5344 WP No. 130 of 2025 C/W WP No. 135 of 2025 WP No. 141 of 2025 AND 2 OTHERS AND: 1. STATE OF KARNATAKA BY ITS REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001. REPRESENTED BY ITS SECRETARY. 2. DEPUTY COMMISSIONER, KOLAR DISTRICT,] OFFICE OF THE DEPUTY COMMISSIONER, KOLAR -563 101. 3. THE TAHSILDAR, MALUR TALUK, KOLAR- 563 101. ...RESPONDENTS (BY SMT. B P RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE IMPUGNED ORDER DTD. 02.02.2024 PASSED BY THE R-2 IN PROCEEDINGS NO. R.R.T.C.R 81/2014-15 VIDE ANNX-A IN SO FAR PETITIONER CONCERN. IN WP NO. 141 OF 2025 BETWEEN: 1. SRINIVAS S/O LATE JAVARAYAPPA, AGED ABOUT 47 YEARS, 2. SRI. VENKATESH S/O LATE JAVARAYAPPA, AGED ABOUT 39 YEARS, - 4 - NC: 2025:KHC:5344 WP No. 130 of 2025 C/W WP No. 135 of 2025 WP No. 141 of 2025 AND 2 OTHERS 3. SRI. RAMU S/O LATE JAVARAYAPPA, AGED ABOUT 32 YEARS, 4. SRI. SHIVU S/O LATE JAVARAYAPPA, AGED ABOUT 27 YEARS, RESIDING AT SAMPANGERE VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT -563 130 ...PETITIONERS (BY SRI.C M NAGABHUSHANA, ADVOCATE FOR SRI. AVINASH B C.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS REVENUE DEPARTMENT M.S BUILDING, AMBEDKAR VEEDHI, BANGALORE -560 001 REPRESENTED BY ITS SECRETARY 2. DEPUTY COMMISSIONER KOLAR DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, KOLAR -563 101. 3. THE TAHSILDAR MALUR TALUK, KOLAR - 563 101. ...RESPONDENTS (BY SMT. B P RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSITUTION OF INDIA PRAYING TO QUASH / SET ASIDE IMPUGNED ORDER DTD. 02.02.2024 PASSED BY THE R-2 - 5 - NC: 2025:KHC:5344 WP No. 130 of 2025 C/W WP No. 135 of 2025 WP No. 141 of 2025 AND 2 OTHERS IN PROCEEDINGS NO. R.R.T.C.R 81/2014-15 VIDE ANNX-A IN SO FAR PETITIONER CONCERN. IN WP NO. 153 FO 2025 BETWEEN: 1. SMT GANGAMMA AGED ABOUT 67 YEARS, W/O LATE MUNIYAPPA, RESIDING AT SAMPANGERE VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. ...PETITIONER (BY SRI.C M NAGABHUSHANA, ADVOCATE FOR SRI. AVINASH B C.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001 REPRESENTED BY ITS SECRETARY 2. DEPUTY COMMISSIONER, KOLAR DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, KOLAR- 563 101. 3. THE TAHSILDAR, MALUR TALUK, KOLAR -563 101. ...RESPONDENTS (BY SMT. B P RADHA,AGA) - 6 - NC: 2025:KHC:5344 WP No. 130 of 2025 C/W WP No. 135 of 2025 WP No. 141 of 2025 AND 2 OTHERS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSITUTION OF INDIA PRAYING TO QUASH / SET ASIDE IMPUGNED ORDER DTD. 02.02.2024 PASSED BY THE R-2 IN PROCEEDINGS NO. R.R.T.C.R 81/2014-15 (R.R.T.C.R 68/13-14) VIDE ANNX-A IN SO FAR PETITIONER CONCERN. IN WP NO. 154 OF 2025 BETWEEN: 1. SRI. MAKAMBARA BASHA @ MEHABOOBASHA AGED ABOUT 66 YEARS, S/O LATE AMU SAABI, RESIDING AT SAMPANGERE VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. ...PETITIONER (BY SRI.C M NAGABHUSHANA, ADVOCATE FOR SRI. AVINASH B C.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY 2. DEPUTY COMMISSIONER KOLAR DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, KOLAR -563 101. 3. THE TAHSILDAR MALUR TALUK, KOLAR-563 101. ...RESPONDENTS (BY SMT. B P RADHA,AGA) - 7 - NC: 2025:KHC:5344 WP No. 130 of 2025 C/W WP No. 135 of 2025 WP No. 141 of 2025 AND 2 OTHERS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSITUTION OF INDIA PRAYING TO QUASH / SET ASIDE IMPUGNED ORDER DTD. 02.02.2024 PASSED BY THE R-2 IN PROCEEDINGS NO. R.R.T.C.R 81/2014-15 VIDE ANNX-A AS SO FOR PETITIONER CONCERN. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In these batch of writ petitions, petitioners are assailing the order of respondent No.2/Deputy Commissioner on the ground that respondent No.2 has ventured into enquiring into the petitioners' genuineness of grant in gross violation of the principles of natural justice. Though, this enquiry is undertaken pursuant to the remand order passed by this Court in batch of writ petitions which is evidenced at Annexure-L, the least that was required at the hands of the Deputy Commissioner was to notify all the petitioners and after due enquiry orders were required to be passed. - 8 - NC: 2025:KHC:5344 WP No. 130 of 2025 C/W WP No. 135 of 2025 WP No. 141 of 2025 AND 2 OTHERS 2. On the last date of hearing at the request of learned AGA, the matter was adjourned to obtain instructions as to whether the petitioners were notified before passing the order under challenge. Today, on instructions, learned AGA fairly concedes that though notices were ordered by respondent No.2/Deputy Commissioner, however, these notices were served on unconnected persons. 3. In the light of the statement made by the learned AGA, this Court is of the view that the order under challenge has to go only on the ground that the enquiry undertaken by respondent No.2/Deputy Commissioner is in gross violation of the principles of natural justice. 4. The Deputy Commissioner was required to notify the petitioners who had the benefit of the grant order. The grant relating to immovable property cannot be set at naught by an arbitrary and unilateral enquiry. Though a right in the immovable property is not a fundamental right, but a citizen is given a limited - 9 - NC: 2025:KHC:5344 WP No. 130 of 2025 C/W WP No. 135 of 2025 WP No. 141 of 2025 AND 2 OTHERS protection which is a statutory right under Article 300A of the Constitution of India. Unless, petitioners' grants are subjected to a proper enquiry and an opportunity is afforded to the petitioners to substantiate that the grants obtained by them is genuine, the grants cannot be casually cancelled. 5. In regard to the report submitted by the Tahsildar, since the learned AGA has fairly conceded that this report was never served on the petitioners, the Deputy Commissioner could not have relied on this report while arriving at a conclusion that the grants obtained by the petitioners are fraudulent. The non-furnishing of report clearly violates the fundamentals relating to fairness in procedures and enquiry. Therefore, this Court is of the view that the Deputy Commissioner has to serve a copy of the report on the petitioners to enable them to counter the report of the Tahsildar. In that view of the matter, the orders are not sustainable and are liable to be - 10 - NC: 2025:KHC:5344 WP No. 130 of 2025 C/W WP No. 135 of 2025 WP No. 141 of 2025 AND 2 OTHERS set aside. The matters also require to be remitted back to respondent No.2/Deputy Commissioner. 6. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The writ petitions are allowed. (ii) The impugned order dated 2.2.2024 passed by respondent No.2 is set aside. (iii) Respondent No.2/Deputy Commissioner is hereby directed to re-hear the matters and hold a fresh enquiry. (iv) Respondent No.2/Deputy Commissioner shall ensure that before he commences with the enquiry, the copy of the report submitted by the Tahsildar, which is based on the original records shall be first furnished to all the petitioners. (v) Petitioners on receipt of report are also entitled to look into the original records received by respondent No.2/Deputy Commissioner along with report. - 11 - NC: 2025:KHC:5344 WP No. 130 of 2025 C/W WP No. 135 of 2025 WP No. 141 of 2025 AND 2 OTHERS (vi) Petitioners are also entitled to file additional objections/submissions in regard to the report and are also entitled to counter the records on which respondent No.2 intends to place reliance. (vii) Keeping all contentions open, the matters stand disposed of. (viii) Since the petitioners are represented by their counsel, without expecting further notice from respondent No.2/Deputy Commissioner shall appear before the Deputy Commissioner on 10.3.2025. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 9