- 1 - HC-KAR NC: 2025:KHC:18628 WP NO.42591 OF 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.42591 OF 2016 (KLR-RES) BETWEEN: SRI. KUMAR S/O KARIYAPPA AGED ABOUT 51 YEARS, OCCUPATION: AGRICULTURE, R/A KARAGUDA VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 201. …PETITIONER (BY SRI. SADASHIVA C., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REPRESENTED BY THE SECRETARY REVENUE DEPARTMENT M S BUILDING VIDHANA VEEDHI BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER HASSAN HASSAN DISTRICT - 573 201. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP ) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18628 WP NO.42591 OF 2016 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 30TH JULY, 2015 PASSED BY THE RESPONDENT NO.2 IN PROCEEDINGS NO.LND(2)49/12-13 VIDE ANNEXURE-A; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 30th July, 2015 (Annexure-A) passed in proceedings bearing No.LND(2)49/2012-13, wherein the application made by the petitioner seeking permission to sell the land in question came to be rejected by the respondent No.2. 2. Heard Sri. C. Sadashiva, learned counsel appearing for the petitioner and Sri. Manjunath K., learned High Court Government Pleader appearing for respondents. 3. Having heard the learned counsel appearing for the parties, on perusal of the writ papers, the same would indicate that, the petitioner has sought for permission from the - 3 - HC-KAR NC: 2025:KHC:18628 WP NO.42591 OF 2016 respondent No.2 to sell the land in question for his legal and family necessities. It is also forthcoming that the petitioner had not contested the matter before the respondent No.2 in a manner known to law and as such, the respondent No.2 had rejected the application made by the petitioner in the impugned proceedings for granting permission to sell the land in question. Therefore, I am of the view that, a fair opportunity be extended to the petitioner to contest the proceedings before the respondent No.2 and the respondent No.2 shall pass a speaking order in accordance with law, after making an enquiry and affording an opportunity of hearing to the petitioner. Accordingly, I pass the following: O R D E R 1) Writ Petition is allowed; 2) Order dated 30th July, 2015 (Annexure-A) passed by the respondent No.2 in proceedings bearing No.LND(2)49/2012-13 is hereby quashed and the matter is remitted back to the respondent No.2 to consider the case of the petitioner afresh, after affording a fair opportunity to the petitioner in accordance with law; - 4 - HC-KAR NC: 2025:KHC:18628 WP NO.42591 OF 2016 3) As the writ petition is of the year-2016, the petitioner shall appear before the respondent No.2 on 30th June, 2025 at 03.00 pm and on appearance of the petitioner, the respondent No.2 shall consider the case of the petitioner as expeditiously as possible. SD/- (E.S.INDIRESH) JUDGE ARK