- 1 - NC: 2025:KHC:10374 WP No. 701 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 701 OF 2025 (KLR-RES) BETWEEN: 1. SMT KAMALA W/O. LATE CHIKKAVEERAIAH, AGED ABOUT 30 YEARS 2. SMT. B.R PAVITHRA., D/O. UMA DEVI W/O. MANJUNATH, AGED ABOUT 29 YEARS, BOTH PETITIONER NO.1 AND 2 ARE R/AT BILLANAKOTE VILLAGE, SOMPIURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562 123. …PETITIONERS (BY SRI. KALYAN R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE ADDL. DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, DISTRICT ADMINISTRATIVE BUILDING, 1ST FLOOR, BEERA SANDRA VILLAGE, KUNDAANA HOBLI, DEVANAHALLI TALUK, BANGALORE-560 110. Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - NC: 2025:KHC:10374 WP No. 701 of 2025 3. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION DODDABALLAPURA, BANGALORE RURAL DISTRICT-561 203. 4. THE TAHASILDAR, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562 123. 5. THE REVENUE INSPECTOR, SOMPURA HOBLI, NALAMANGALA TALUK, BENGALURU RURAL DISTRICT-562 123. 6. PANCHAYATH DEVELOPMENT OFFICER, SOMPURA HOBLI, NALAMANGALA TALUK, BENGALURU RURAL DISTRICT-562 123. 7. SMT. LAKSHMAMMA, W/O. LATE B.C LINGANNA, AGED ABOUT 66 YEARS R/AT BILLANAKOTE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562 123. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA FOR R1 TO R5, R6 IS SERVED & UNREPRESENTED, SRI. S.G.HEGDE, ADV. FOR R7.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 01.03.2024 IN R.P.NO. 26/2023 PASSED BY THE ADDITIONAL DEPUTY COMMISSIOER BANGALORE RURAL DISTRICT AT BEERANSANDRA VILLAGE, DEVANAHALLI TALUK AS PER ANNX-A TO THE WRIT PETITION AND FURTHER ISSUE A WRIT OF MANDAMUS OR ANY OTHER - 3 - NC: 2025:KHC:10374 WP No. 701 of 2025 WRIT OR DIRECTION BY DIRECTING THE TAHSILDAR NELAMANGALA TALUK TO RESTORE THE M.R. NO. 56/92-93 AS PER ANNEXURE-C AND ETC.) THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER The petition is directed against the order of Assistant Commissioner to reverse the mutation granted in favour of respondent No.7, which has been reversed by the Additional Deputy Commissioner, Bangalore Rural District, Bangalore. 2. A perusal of the order of Additional Deputy Commissioner would indicate that the Assistant Commissioner had set aside the mutation made vide MR No.56/92-93 and MR No.45/96-97 essentially on the ground that Smt. Lakshmamma, who is respondent No.4 therein and respondent No.7 herein, had not responded to the notice and hence, he was constrained to allow the appeal. This order has been reversed by the Additional - 4 - NC: 2025:KHC:10374 WP No. 701 of 2025 Deputy Commissioner essentially on the ground of there being a delay in filing the appeal before the Assistant Commissioner. 3. In my view, since the Assistant Commissioner has decided the appeal without having heard respondent No.7, it is appropriate to set aside the order passed by the Additional Deputy Commissioner and so also the Assistant Commissioner and remit the matter back to the Assistant Commissioner with a direction that the Assistant Commissioner shall consider the appeal on merits after hearing respondent No.7 and providing her an opportunity to file her objections and produce documents in support of her contention. 4. Writ Petition is accordingly allowed to this extent. As a result of this, the entries as it stood prior to passing of the order by the Assistant Commissioner in RA No. 361/2021, shall stand restored and will be subject to the order that the Assistant Commissioner may pass after this order of remand. Since the parties are represent - 5 - NC: 2025:KHC:10374 WP No. 701 of 2025 before this Court, they are directed to appear before the Assistant Commissioner on 03.04.2025. Sd/- (N S SANJAY GOWDA) JUDGE SSD List No.: 1 Sl No.: 8