- 1 - NC: 2025:KHC:17883 WP No. 37001 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 37001 OF 2018 (KLR-RR/SUR) BETWEEN: 1. SRI. M. RAMAMURTHY S/O LATE J. MUNIYAPPA AGED ABOUT 58 YEARS R/AT SUGGATTA VILLAGE HUNASAMARANAHALLI POST JALA HOBLI-562157. BENGALURU NORTH TALUK 2. SRI. M. RAMACHANDRA S/O LATE J. MUNIYAPPA AGED ABOUT 56 YEARS R/AT SUGGATTA VILLAGE HUNASAMARANAHALLI POST JALA HOBLI-562157. BENGALURU NORTH TALUK 3. SRI. M. JAYASWAMY S/O LATE J. MUNIYAPPA AGED ABOUT 50 YEARS R/AT SUGGATTA VILLAGE HUNASAMARANAHALLI POST JALA HOBLI-562157. BENGALURU NORTH TALUK 4. SRI. M. RAVIKUMAR S/O LATE J. MUNIYAPPA AGED ABOUT 47 YEARS R/AT SUGGATTA VILLAGE HUNASAMARANAHALLI POST Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17883 WP No. 37001 of 2018 JALA HOBLI-562157 BENGALURU NORTH TALUK 5. SMT. M. MANJULA D/O LATE J. MUNIYAPPA AGED ABOUT 43 YEARS R/AT SUGGATTA VILLAGE HUNASAMARANAHALLI POST JALA HOBLI-562157 BENGALURU NORTH TALUK 6. SRI. M. SHIVASWAMY S/O LATE J. MUNIYAPPA AGED ABOUT 39 YEARS R/AT SUGGATTA VILLAGE HUNASAMARANAHALLI POST JALA HOBLI-562157 BENGALURU NORTH TALUK 7. SRI. M. KRISHNAMURTHY S/O LATE J. MUNIYAPPA AGED ABOUT 37 YEARS R/AT SUGGATTA VILLAGE HUNASAMARANAHALLI POST JALA HOBLI-562157. BENGALURU NORTH TALUK 8. SMT. M. SHILPA D/O LATE J. MUNIYAPPA AGED ABOUT 32 YEARS R/AT SUGGATTA VILLAGE HUNASAMARANAHALLI POST JALA HOBLI-562157 BENGALURU NORTH TALUK …PETITIONERS (BY SRI. SKANDA ARUN KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY - 3 - NC: 2025:KHC:17883 WP No. 37001 of 2018 DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION KANDAYA BHAVANA, K G ROAD BENGALURU-560009. 3. THE TAHSILDAR BENGALURU NORTH ADDL. TALUK YELAHANKA BENGALURU-560064. 4. SRI. B.K. RAMACHANDRA S/O LATE KRISHNA RAO L. BALEKAI AND SMT. SARASWATHAMMA AGED ABOUT 66 YEARS R/AT NO.C1/6, 1ST FLOOR AIR INDIA COLONY, VASANT VIHAR NEW DELHI - 110057. REPRESENTED BY ITS GPA HOLDER SRI. B.C. SUBBA RAO S/O LATE B.K. CHUDANATH RAO AGED ABOUT 48 YEARS R/AT NO.A-005, VICTORY HARMONY NO.12, 4TH CROSS, SSA ROAD ANAND NAGAR BENGALURU-560024. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3; SRI. GAJENDRA .B.S, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 4.6.2018 PASED BY THE 2ND RESPONDENT - 4 - NC: 2025:KHC:17883 WP No. 37001 of 2018 VIDE ANNEXURE-J, SO FAR AS IT RELATES TO THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An order of Assistant Commissioner allowing the appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964 is challenged before this Court on the ground that the order which affected respondent No.12 has been passed when respondent No.12 was no more. 2. It is stated that the order passed by the Assistant Commisssioner on 04.06.2018 and respondent No.12 therein i.e., Muniyappa had passed away on 21.06.2015 and a copy of the Death Certificate is also produced as Annexure-E. 3. In the light of the undisputed fact that the order of the Assistant Commissioner was passed against - 5 - NC: 2025:KHC:17883 WP No. 37001 of 2018 J.Muniyappa, who had died on 21.06.2015, it is obvious that the order of the Assistant Commissioner cannot be sustained. Consequently, the order of the Assistant Commissioner is set aside and the matter is remanded to the Assistant Commissioner for fresh re-consideration. 4. The petitioners herein, who are the legal heirs of respondent No.12 – Muniyappa before the Assistant Commissioner shall be impleaded as the legal heirs of Muniyappa and they shall be heard in the matter before the Assistant Commissioner passes an order on merits. This Writ Petition is, accordingly, allowed. 5. Since both the parties have appeared before this Court, they are directed to appear before the Assistant Commissioner on 02.06.2025 and take further instructions. - 6 - NC: 2025:KHC:17883 WP No. 37001 of 2018 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 42