- 1 - NC: 2025:KHC:9452 W.P. No.5622/2013 C/W W.P. No.5621/2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S. SANJAY GOWDA WRIT PETITION NO.5622 OF 2013 (KLR-REG) C/W WRIT PETITION NO.5621 OF 2013 (KLR-RES) IN W.P. No.5622/2013: BETWEEN: 1. SRI. THIMMARAYAPPA S/O LATE KENCHAPPA AGED ABOUT 83 YEARS. SINCE DEAD BY LR'S. 1(a) SMT. BYRAMMA W/O LATE THIMMARAYAPPA AGED 70 YEARS. 1(b) SRI. T. NAGARAJ S/O LATE THIMMARAYAPPA AGED 38 YEARS. BOTH ARE R/AT. MUTSANDRA VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BENGALURU DISTRICT. [AMENDED AS PER COURT ORDER DATED 26.09.2016]. …PETITIONERS (BY SRI. BIPIN HEGDE, ADV., FOR SRI. KARTHIK V, ADV.,) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9452 W.P. No.5622/2013 C/W W.P. No.5621/2013 AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT REVENUE DEPARTMNET M.S. BUILDING, DR. AMBEDKAR VEEDHI BANGALORE-560001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT V.V. TOWER, DR. AMBEDKAR VEEDHI BANGALORE-560001. 3. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB-DIVISION V.V. TOWER, DR. AMBEDKAR VEEDHI BANGALORE-560001. 4. THE THASILDAR HOSKOTE TALUK HOSAKOTE BANGALORE DISTRICT. 5. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION REP. BY ITS SECRETARY HOSAKOTE TALUK HOSAKOTE-562144. 6. SRI. M. VENUGOPAL REDDY S/O MUNI REDDY AGED ABOUT 43 YEARS. 7. SRI. M. BABU REDDY S/O MUNI REDDY AGED ABOUT 50 YEARS. 8. SRI. M.N. NAGESH S/O NANJUNDA REDDY AGED ABOUT 43 YEARS. - 3 - NC: 2025:KHC:9452 W.P. No.5622/2013 C/W W.P. No.5621/2013 RESPONDENTS 6 TO 8 ARE R/O. MUTHSANDRA VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BANGALORE DISTRICT-562114. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R5 R6 TO R8 ARE SERVED BUT UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT.13.5.2005 PASSED IN RUC 106/2003-04 ON THE FILE OF ASST. COMMISSIONER, DODDABALLAPUR SUB-DVN, VIDE ANNNX-G, THE ORDER DT.17.12.2007 PASSED IN LNDRA-2/2005-06 ON THE FILE OF THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, BANGALORE, VIDE ANNX-H, AND THE ORDER DT.28.9.2012 PASSED IN REV. PETITION NO.22/2008 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE, VIDE ANNX-J BY ISSUE OF WRIT OF CERTIORARI & ETC. IN W.P. NO.5621/2013: BETWEEN: SRI. MANJUNATHA S/O THIMMARAYAPPA AGED ABOUT 50 YEARS R/O. MUTHSANDRA VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BANGALORE DISTRICT-562144. ...PETITIONER (BY SRI. BIPIN HEGDE, ADV., FOR SRI. KARTHIK V, ADV.,) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT - 4 - NC: 2025:KHC:9452 W.P. No.5622/2013 C/W W.P. No.5621/2013 REVENUE DEPARTMENT M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE-01. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT V.V. TOWER, DR. AMBEDKAR VEEDHI BANGALORE-01. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION V.V. TOWER, DR. AMBEDKAR VEEDHI BANGALORE-01. 4. THE THASILDAR HOSAKOTE TALUK HOSAKOTE BANGALORE DISTRICT-562144. 5. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION REP BY ITS SECRETARY HOSAKOTE TALUK HOSAKOTE-562144. 6. SRI. M. VENUGOPAL REDDY S/O MUNIREDDY AGED ABOUT 43 YEARS. 7. SRI. M. BABU REDDY S/O MUNIREDDY AGED ABOUT 50 YEARS. 8. SRI. M.N. NAGESH S/O NANJUNDA REDDY AGED ABOUT 43 YEARS. RESPONDENTS 6 TO 8 ARE R/OF. MUTHSANDAR VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK - 5 - NC: 2025:KHC:9452 W.P. No.5622/2013 C/W W.P. No.5621/2013 BANGALORE DISTRICT-562144. ...RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R5 SRI. G.V. SHASHI KUMAR, ADV., FOR R8 R6, R7 ARE SERVED BUT UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT.13.5.2005 PASSED IN RUC 105/2003-04 ON THE FILE OF ASST. COMMISSIONER, DODDABALLAPUR SUB-DVN. VIDE ANNX-G, THE ORDER DT.17.12.2007 PASSED IN LNDRA-1/2005-06 ON THE FILE OF THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, BANGALORE, VIDE ANNX-H AND THE ORDER DT.28.9.2012 PASSED IN REVISION PETITION NO.21/2008 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE VIDE ANNX-J BY ISSUE OF WRIT OF CERTIORARI & ETC. THESE PETITIONS, 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 The writ petition is directed against an order passed by the Karnataka Appellate Tribunal which has confirmed the order of Deputy Commissioner, who had remanded the matter for reconsideration before the Assistant Commissioner. - 6 - NC: 2025:KHC:9452 W.P. No.5622/2013 C/W W.P. No.5621/2013 2. It is the contention of the petitioners that the appeal filed before the Assistant Commissioner itself was not maintainable and therefore, impugned orders cannot be sustainable. 3. Since impugned orders is an order of remand, the question as to whether the appeal itself was maintainable or not, can be agitated by the petitioners in the very appeal and there is no justification in filing these writ petitions. The writ petitions are therefore, dismissed. 4. All contentions of the writ petitioners are kept open. 5. The petitioners will be entitled to place on record all material in support of their case, including the orders that they contend support their case which have been passed in the writ appeal and in the contempt proceedings. Sd/- (N.S. SANJAY GOWDA) JUDGE ABK/ List No.: 1 Sl No.: 39