- 1 - NC: 2025:KHC:9861 WP No. 6811 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6811 OF 2025 (KLR-RES) BETWEEN: M/S. SB URBANSCAPES NO.15, SAI MANSION 1ST CROSS, J.C ROAD BANGALORE-01 REPT. BY ITS MANAGING PARTNER SRI. RAJAGOPAL DESU …PETITIONER (BY SRI. PRAKASH M H, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE M. S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE - 09 3. THE SPECIAL DEPUTY COMMISSIONER-II BANGALORE SOUTH DIVISION BANGALORE - 09 Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9861 WP No. 6811 of 2025 4. ASSISTANT COMMISSIONER BANGALORE SOUTH DIVISION K.G ROAD, BANGALORE BANGALORE - 09 5. THE THASHILDAR BANGALORE SOUTH TALUK KANDAYA BHAVAN, K.G ROAD BANGALORE - 01 …RESPONDENTS (BY SMT. B P RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 21.01.2025 PASSED BY THE RESPONDENT NO.3 IN CASE NO.NCR(2)(S)CR.22/2024-25 VIDE ANNEXURE-S AS ILLEGAL AND ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT NOS.2, 3 AND 4 TO GIVE EFFECT TO THE REPORT SUBMITTED VIDE ANNEXURE-K DATED 18.07.2019 PURSUANT TO THE APPLICATION SUBMITTED BY THE PETITIONER VIDE ANNEXURE-F DATED 19.09.2018. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:9861 WP No. 6811 of 2025 ORAL ORDER The petitioner has filed this petition challenging the order dated 21.01.2025 passed by the Special Deputy Commissioner-II, Bengaluru South Sub-Division, Bengaluru / respondent No.3 under Section 67(2) of the Karnataka Land Revenue Act, 1964 whereby the respondent therein i.e., K.L.Ramesh s/o. K.L.R. Shetty has been directed to remove the encroachment over the kaaludari adjacent to Survey No.44/1 and 45 of Yelachenahalli village, Uttarahalli Hobli, Bengaluru South Taluk. 2. This petition is filed by M/s. SB Urbanscapes, who claims to have entered into a joint development agreement with K.L. Ramesh on 13.05.2013 in respect of 2 acres 28 guntas of land in Survey No.44/1A and 44/1B situated in Yelachenahalli, Uttarahalli Hobli, Bengaluru South Taluk. It is their case that in the said extent of land, a village pathway is in existence on the periphery of the land in Sy.No.44/1A. It is also contended that the - 4 - NC: 2025:KHC:9861 WP No. 6811 of 2025 petitioner had made an application for shifting of the pathway and the said application remained unconsidered. It is their case that K.L. Ramesh had passed away on 26.08.2021 and it is also contended that the impugned order is passed against a dead person. 3. Since the impugned order indicates that it has been passed since the respondents have failed to appear and now it is stated that the respondent was dead in the year 2021 itself, it is obvious that the impugned order passed on 21.01.2025 cannot be sustained as it is passed against a dead person. Consequently, the impugned order is quashed. 4. Since the petitioner claims that it is a developer and has been in a joint development agreement with the owner, it is appropriate that the Deputy Commissioner to implead the petitioner herein as respondent and hear him before he passes an order afresh on the claim of the Tahsildar that the pathway is being encroached upon. - 5 - NC: 2025:KHC:9861 WP No. 6811 of 2025 5. The petitioner also undertakes that he will file an application on behalf of the legal representatives of deceased K.L. Ramesh and implead them in the proceedings before the Deputy Commissioner. This statement is taken on record. 6. Hence, the following:- ORDER i) Accordingly, the Writ Petition is allowed. The impugned order dated 21.01.2025 passed by the Special Deputy Commissioner-II, Bengaluru South Sub-Division, Bengaluru, is therefore quashed. ii) The matter is remitted to the Deputy Commissioner with direction to the Deputy Commissioner to implead the present petitioner as well as the legal representatives of K.L. Ramesh on the application that may be filed by the petitioner and reconsider the matter afresh. iii) The Deputy Commissioner shall also take into consideration that the petitioner had made a request - 6 - NC: 2025:KHC:9861 WP No. 6811 of 2025 for shifting of the pathway, as contended by him before this Court. iv) The parties, who are before this Court, are directed to appear before the Deputy Commissioner on 26.03.2025 and take further instructions, without waiting for any notice. Sd/- (N S SANJAY GOWDA) JUDGE BSS List No.: 2 Sl No.: 2