- 1 - NC: 2025:KHC:6227 WP No. 3270 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 3270 OF 2025 (LA-RES) BETWEEN: 1. SRI. AYUB KHAN, S/O FAZULULLA KHAN, AGE 54 YEARS, R/AT HEGGERE VILLAGE, KASABA HOBLI, TUMAKURU TALUK - 572 107. SUNDARAYYA SINCE DEAD REPRESENTED BY LR'S 2. V.S. MURTHY S/O LATE SUNDARAYYA AGE 52 YEARS R/AT VAKKODI VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK. 3. V. S. VIRUPAKSHAIAH S/O LATE SUNDARAYYA AGE 49 YEARS R/AT VAKKODI VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK. 4. V. S. DEVARAJU S/O LATE SUNDARAYYA AGE 45 YEARS R/AT VAKKODI VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:6227 WP No. 3270 of 2025 5. R. NARASAIAH S/O LATE RANGA NARASAIAH AGE 72 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107 NIJAGALLAIAH SINCE DEAD REPRESENTED BY LR'S 6. CHIKAMMA W/O LATE NIJALINGAIAH AGE 42 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 7. SHIVAKUMAR S/O LATE NIJALLAIAH AGE 51 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 8. NAGABHUSHAN S/O LATE NIJAGALLAIAH AGE 49 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 9. BHANUPRAAKSH H S/O LATE NIJAGALLAIAH AGE 47 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 10. VIJAYALAKSHMI D/O LATE NIJAGALLAIAH AGE 45 YEARS - 3 - NC: 2025:KHC:6227 WP No. 3270 of 2025 R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 11. MOHAN S/O LATE NIJAGALLAIAH AGE 44 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. BASAVARAJAIAH SINCE DEAD BY REPRESENTED BY LRS 12. H D SOWBHAGYAMMA W/O LATE BASAVARAJAIAH AGE 56 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 13. PAVITRA H B D/O LATE BASAVARAJAIAH AGE 42 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 14. DILEEP KUMAR H B S/O LATE BASAVARAJAIAH AGE 39 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 15. RAGHAVENDRA H B S/O LATE BASAVARAJAIAH AGE 36 YEARS R/AT HEGGERE VILLAGE, - 4 - NC: 2025:KHC:6227 WP No. 3270 of 2025 KASABA HOBLI TUMAKURU TLAUK - 572 107. RANGANARSAIAH SINCE DEAD REPRESENTED BY LRS 16. HANUMAKKA W/O LATE RANGANARASAIAH AGE 64 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 17. SIDDAGANGAMMA D/O LATE RANGANARASAIAH AGE 53 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 18. NARASAMMA D/O LATE RANGANARASAIAH AGE 48 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 19. SHANTAKUMARI W/O LATE RANGARAJU AGE 39 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. BYATAYYA SINCE DEAD REPRESENTED BY LR'S 20. NARASAMMA AGE 82 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI - 5 - NC: 2025:KHC:6227 WP No. 3270 of 2025 TUMAKURU TALUK - 572 107. 21. H B SHIVANNA S/O LATE BYATAYYA AGE 62 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107 22. SIDDAGANGAMMA D/O LATE BYATAYYA AGE 60 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572107 23. KAMALAMMA D/O LATE BYATAYYA AGE 66 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 24. RAJANNA S/O LATE BYATAYYA AGE 54 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 25. NARASAMMA D/O LATE BYATAYYA AGE 51 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 26. NARASIMAIAH S/O LATE BYATAYYA AGE 38 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI - 6 - NC: 2025:KHC:6227 WP No. 3270 of 2025 TUMAKURU TALUK - 572 107. 27. JAYAMMA D/O LATE BYATAYYA AGE 42 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. 28. DODDANARASAIAH S/O ATTINARASAIAH AGE 54 YEARS R/AT HEGGERE VILLAGE, KASABA HOBLI TUMAKURU TALUK - 572 107. SIDDALINGAIAH SINCE DEAD REPRESENTED BY LR'S 29. GANGAMMA W/O LATE SIDDALINGAIAH AGE 64 YEARS R/AT AGALAKOTE VILLAGE, KASABA HOBLI, TUMAKURU TALUK - 572 107. 30. BASAVESHWARA S/O LATE SIDDALINGAIAH AGE 39 YEARS R/AT AGALAKOTE VILLAGE, KASABA HOBLI, TUMAKURU TALUK - 572 107. …PETITIONERS (BY SRI. SHIVAKUMAR N, ADVOCATE) AND: 1. DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU - 572 101. - 7 - NC: 2025:KHC:6227 WP No. 3270 of 2025 2. ASSISTANT COMMISSIONER TUMAKURU SUB DIVISION, TUMAKURU - 572 101. 3. SRI. SIDDARTHA EDUCATION TRUST SIDDARTHA NAGARA, TUMAKURU - 572 101, REGISTERED UNDER KARNATAKA EDUCATION ACT, 1983. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO i. TO QUASH / SET ASIDE THE ORDER PASSED BY THE SECOND RESPONDENT / LEARNED ASSISTANT COMMISSIONER, TUMAKURU SUB DIVISION, TUMAKURU IN NO. LAQ.SR.54/89-90, LAC 5814- 5866/91-92 DATED 04/09/2021 VIDE ANNX-D TO THE WP AS AGAINST THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 8 - NC: 2025:KHC:6227 WP No. 3270 of 2025 ORAL ORDER Petitioners are before this Court seeking direction to respondent No.2 to consider their case on the grounds of limitation in terms of the directions issued by this Court in W.P. No.11580/2023 dated 20.09.2023 produced at Annexure-'E' by which, this Court while setting aside the order dated 04.09.2021 passed by the respondent No.2- Assistant Commissioner at the instance of petitioners therein, who are the parties to the proceedings before respondent No.2 had directed to consider the question of limitation taking into consideration of the facts as directed thereunder. 2. Learned counsel for the petitioner submits that though by the aforesaid order dated 20.09.2023 passed in W.P. No.11580/2023, this Court had set aside the order passed by the respondent No.2 in its entirety, the petitioners herein were not parties in the said writ petition. Therefore, the apprehension in the mind of petitioners is - 9 - NC: 2025:KHC:6227 WP No. 3270 of 2025 that, since they are not parties to the aforesaid writ petition, their case would not be considered by respondent No.2. Hence, he seeks for a specific direction to respondent No.2 to consider their case along with the case of the petitioners in the writ petition. 3. On a query by this Court, learned counsel for the petitioners submits respondent No.2 has not passed orders as directed by this Court in the aforesaid order dated 20.09.2023 passed in W.P.No.11580/2023 4. Learned Additional Government Advocate in response submits that since respondent No.2 has not passed the orders in terms of the directions issued by this Court, he would consider the case of the petitioners as well in the light of the directions issued by the said order. 5. Submission is taken on record. 6. Accordingly, Writ Petition is disposed of. - 10 - NC: 2025:KHC:6227 WP No. 3270 of 2025 Respondent No.2 shall consider the case of the petitioners herein along with the petitioners who are parties to the said writ petition in W.P. No.11580/2023. Sd/- (M.G.S. KAMAL) JUDGE PSJ List No.: 1 Sl No.: 14