- 1 - NC: 2025:KHC:13096 WP No. 61201 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 61201 OF 2016 (KLR-RES) BETWEEN: 1. SMT KALAIVANI W/O LATE K LOKATHAN, AGED ABOUT 71 YEARS, 2. L MANIKUMAR S/O LATE K LOKATHAN, AGED ABOUT 49 YEARS, 3. L LAKSHMANKUMAR S/O LATE K LOKATHAN, AGED ABOUT 39 YEARS, 4. L.LAKSHMANKUMAR., SON OF LATE K.LOKATHAN, AGED ABOUT 39 YEARS, ALL ARE R/AT No.333, DOUBLE ROAD, INDIRANAGAR, BANGALORE-560 038. …PETITIONERS (BY SRI. K P BHUVAN., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, VIDHANA SOUDHA, BANGALORE-560001 2. THE SPECIAL DEPUTY COMMISSIONER-2 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13096 WP No. 61201 of 2016 BANGALORE SOUTH SUB-DIVISION, BANGALORE-560009 3. THE ASST COMMISSIONER BANGALORE SOUTH TALUK, BANGALORE-560009 4. THE TAHSILDAR BANGALORE SOUTH TALUK, BANGALORE-560009 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 23.07.2016 PASSED BY R-2 AT ANNEXURE-G, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petition is directed against an order passed by the Deputy Commissioner in exercise of his power under Section 136(3) of the Karnataka Land Revenue Act, 1964, by which he has come to the conclusion that the entries standing in the name of the petitioners was not supported by any relevant record and therefore, they were liable to be considered as - 3 - NC: 2025:KHC:13096 WP No. 61201 of 2016 illegal and has accordingly directed the name of the petitioners be deleted and the name of the Government be entered in the records. 2. In paragraph Nos.3 of the order, the Deputy Commissioner has recorded as follows: "3. Accordingly, the proceedings were initiated under the 'Act'. A notice, dated:15-04-2009, was issued to the Respondent and thereafter the case was called out from time to time during the intervening period and a final notice was issued on 23-12-2014, to the respondent to present himself before this Court. Despite issue of notice and affording sufficient opportunity, the Respondent has failed to establish his claim. The matter was finally posted on 23-06-2016, on which date it was reserved for orders." 3. It is the case of the petitioners that the petitioners did appear before the Deputy Commissioner and also filed his objections as well as certain documents. It is noticed from the aforementioned extracted passage that the matter was posted for orders on 23.06.2016 and then it is obvious that the objections - 4 - NC: 2025:KHC:13096 WP No. 61201 of 2016 and the documents produced by the petitioners have not been taken note of. 4. In light of the above, in my view, it would be appropriate to quash the order of the Deputy Commissioner and remand the matter to the Deputy Commissioner for a fresh consideration of the entire matter. 5. The Deputy Commissioner shall take into consideration the objections and documents produced by the petitioners before passing any order. 6. The petitioners are also permitted to file any additional objections or documents if they so desire. 7. Since the parties are represented by counsels before this Court, they are directed to appear before the Deputy Commissioner on 29.04.2025 without expecting any further notice from him. - 5 - NC: 2025:KHC:13096 WP No. 61201 of 2016 8. Having regard to the fact that the matter is of the year 2007, the Deputy Commissioner shall consider and dispose of the same within a period of three months from the date of receipt of a copy of this order. 9. The writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 42