- 1 - NC: 2025:KHC:15995 WP No. 62561 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 62561 OF 2016 (KLR-RR/SUR) BETWEEN: 1. R JAGADEESH AGED ABOUT 45 YEARS, S/O LATE RAMAKRISHNAPPA 2. R. RAVIKUMAR AGED ABOUT 42 YEARS S/O LATE RAMAKRISHNAPPA 3. SANTHOSH AGED ABOUT 38 YEARS S/O LATE A. NARAYANA 4. SMT. NAGAMMA AGED ABOUT 65 YEARS, D/O LATE ANNAYAPPA 5. YERRAMMA AGED ABOUT 65 YEARS D/O LATE ANNAYAPPA 6. SEENAPPA AGED ABOUT 70 YEARS S/O LATE ANNAYAPPA 7. SMT. AMBIKA AGED ABOUT 55 YEARS W/O LATE NAGARAJU ALL ARE RESIDENTS OF PANTHARAPALYA VILLAGE, MYSORE ROAD, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE 560 039. …PETITIONERS (BY SRI. UDAY K S., ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15995 WP No. 62561 of 2016 AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDINGS, DR. AMBEDKAR VEEDHI, BANGALORE 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT, BEHIND KANDAYA BHAVANA, K.G. ROAD, BANGALORE 560 009. 3. THE THASILDAR BANGALORE SOUTH TALUK, WRONGLY SHOWN AS NORTH (ADDITIONAL) TALUK, KANDAYA BHAVANA, K.G. ROAD, BANGALORE-560 009. …RESPONDENTS (BY SMT SAVITHRAMMA, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24.06.2016 PASSED BY R-2 AT ANNEX-K AND ETC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners filed this petition challenging an order passed by the Special Deputy Commissioner under Section 136(3) of the Karnataka Land Revenue Act, 1964, principally on the ground that the impugned order has been passed against - 3 - NC: 2025:KHC:15995 WP No. 62561 of 2016 Sri Annayyappa on 24.06.2016, but Sri Annayyappa had actually passed away on 17.03.2023. In other words, it is contended that the impugned order has been passed against a person who was no more and that too 13 years after his death and therefore, the order is in nullity. 2. An argument is also advanced that the proceedings in respect of a similar nature in respect of a same Survey numbers were also dropped by the Special Court for Land Grabbing and therefore, the proceedings required to be dropped. 3. In my view, it would be appropriate to set aside the impugned order dated 24.06.2016 at Annexure-K and remand the matter to the Special Deputy Commissioner with a direction to the Special Deputy Commissioner to implead the petitioners herein as respondents and the Deputy Commissioner shall thereafter hear the petitioners and pass an appropriate order. The Special Deputy Commissioner shall also take into consideration the assertion of the petitioners that proceedings of a similar nature was dropped by the Land Grabbing Court before he passes an order on merits. - 4 - NC: 2025:KHC:15995 WP No. 62561 of 2016 4. Petition is accordingly allowed. As parties are represented before the Court, they are directed to appear before the Special Deputy Commissioner on 27.05.2025. Sd/- (N S SANJAY GOWDA) JUDGE BS List No.: 1 Sl No.: 56