- 1 - NC: 2025:KHC:2933 WP No. 1562 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1562 OF 2024 (KLR-RES) BETWEEN: 1. ASHWATHANARAYANA SETTY SINCE DEAD BY LRS SMT SREEDEVI W/O LATE ASHWATHANARAYANA SETTY, AGED ABOUT 59 YEARS, 2. K A NAGENDRA KUMAR, S/O LATE ASHWATHANARAYANA SETTY, AGED ABOUT 30 YEARS, RESIDENTS OF SHEEBI AGRAHARA, SIRA TALUK, TUMKUR DISTRICT - 572 137. …PETITIONERS (BY SRI. GANGADHARAPPA A V., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M S BUILDING, DR B R AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMKUR - 572 101. …RESPONDENTS (BY SRI MANJUNATH K, HCGP) Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:2933 WP No. 1562 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND PROCEEDINGS OF THE CASE DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION MADE BY PETITIONERS DTD 5.5.2011 TO THE R2 A TRUE COPY OF WHICH IS PRODUCED AS ANNEXURE-B HAS BEEN DIRECTED BY THE KARNATAKA APPELLATE TRIBUNAL BY ORDER DTD 26.6.2020 PASSED IN APPEAL NO.256/2018 COPY OF WHICH IS PRODUCED AS ANNEXURE-D AND ALSO AS PER THE REPRESENTATIONS DTD 11.9.2020, 4.3.2022 AND 11.7.2022 MADE TO RESPONDENTS TRUE COPIES OF WHICH ARE PRODUCED AS ANNEXURES - E TO G RESPECTIVELY THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the caption petition, the petitioner seeking a mandamus against the Deputy Commissioner who is found squatting over the matter contrary to the direction issued by the Karnataka Appellate Tribunal, wherein, the Deputy commissioner was called upon to decide the matter within a period of four months from the date of receipt of the order. 2. From the above operative portion, it is abundantly clear that the Karnataka Appellate Tribunal, through its order - 3 - NC: 2025:KHC:2933 WP No. 1562 of 2024 dated 26.06.2020, explicitly directed the Deputy Commissioner to reconsider the representation made by the deceased Sri Ashwathanarayana Shetty and the second appellant, in light of their submission dated 05.05.2011, and to pass appropriate orders in accordance with the law. The said directive required the Deputy Commissioner to complete this process within a period of four months from the date of receipt of records. However, despite the passage of several years since the issuance of the Tribunal's order, no tangible action has been taken to comply with the said directive. Given that the order was issued in 2020 and we are now in the year 2025, this constitutes a glaring instance of dereliction of duty on the part of the Deputy Commissioner. The inexplicable delay in addressing and resolving the representation not only undermines the authority of judicial orders but also erodes public trust in administrative efficiency. 3. In light of the prolonged inaction, this Court finds it necessary to issue appropriate directives to ensure the enforcement of the Tribunal's order and the timely resolution of the matter. Moreover, considering the Deputy Commissioner’s apparent apathy and lack of diligence in discharging the duty - 4 - NC: 2025:KHC:2933 WP No. 1562 of 2024 entrusted by the Tribunal, this Court deems it fit to impose a cost of 10,000/- as a token measure of accountability. The imposition of costs is warranted to emphasize the seriousness of the Deputy Commissioner's failure to adhere to the timelines prescribed by the Tribunal and to serve as a reminder to public officials about their duty to act promptly and responsibly in accordance with judicial directives. 4. For the forgoing reasons, this Court pass the following: ORDER i) The writ petition is allowed; ii) Respondent No.2 - Deputy Commissioner is hereby directed to decide the representation which was infact submitted by petitioner's ancestor namely Sri Ashwathnarayana Shetty in accordance with law. iii) This exercise shall be accomplished within a period of six weeks from the date of receipt of copy of this order. - 5 - NC: 2025:KHC:2933 WP No. 1562 of 2024 iv) Respondent No.2 shall deposit Rs.10,000/- towards High Court Advocate Clerks Benevolent Fund within a period of two weeks from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE THM List No.: 1 Sl No.: 1