- 1 - NC: 2025:KHC:7513 WP No. 4318 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.4318 OF 2025 (KLR-RES) BETWEEN: SRI. DASAIAH S/O LATE VENKATAIAH, AGED ABOUT 85 YEARS, R/AT KENCHAIAHNA DODDI VILLAGE YELLEMALA POST, HANNUR TALUK, CHAMARAJANAGARA - 571 439. …PETITIONER (BY SRI. B RAMESH.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY SECRETARY, MINISTRY OF REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT CHAMRAJANAGARA -571 313. 3. THE ASSISTANT COMMISSIONER KOLLEGAL SUB-DIVISION KOLLEGAL TALUK, CHAMARAJANAGAR - 571 313. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7513 WP No. 4318 of 2025 4. THE TAHSILDAR, HANUR TALUK, KOLLEGALA SUB DIVISION, CHAMARAJANAGARA - 571 313. …RESPONDENTS (BY SMT. B.P. RADHA, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE SECOND RESPONDENT TO CONSIDER THE ANNEXURE -G DATED 16.12.2024 IN R.A. NO.132/2024 TAKE APPROPRIATE ACTION BY ALLOWING THE ABOVE PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner in the captioned petition is seeking a direction against respondent No.2 to consider his application vide Annexure-G filed in R.A.No.132/2024. 2. While learned AGA is placing reliance on the 2002 order to indicate that petitioner's claim is rejected, learned counsel for the petitioner is placing reliance on the order of the Appellate Tribunal rendered in Appeal - 3 - NC: 2025:KHC:7513 WP No. 4318 of 2025 No.771/2005 which is dated 27.05.2017, wherein Appellate Tribunal has allowed the appeal filed by the petitioner and the matter is now remitted back to the committee for fresh consideration. 3. The documents cited by learned AGA are found to be clearly in conflict with the order passed by the Karnataka Appellate Tribunal in 2017. 4. Matter requires consideration. Therefore, petitioner is entitled for some protection. Pending consideration of the captioned petition, the respondents are hereby directed not to precipitate the matter till respondent No.2/Deputy Commissioner decides the interlocutory application filed by the petitioner. 5. The petitioner is granted the liberty to approach the Deputy Commissioner with the relevant application. Accordingly, the present petition is disposed of. It is further clarified that no coercive action shall be initiated against the petitioner until the Deputy Commissioner - 4 - NC: 2025:KHC:7513 WP No. 4318 of 2025 considers the petitioner’s application for an interim order and passes appropriate orders in accordance with the law. 6. All contentions that are raised before this Court shall be raised before the Deputy Commissioner while arguing on interlocutory application. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 39