- 1 - NC: 2025:KHC:15070 WP No. 8055 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 8055 OF 2025 (KLR-RR/SUR) BETWEEN: SRI.MADHU R S/O. RAJANNA AGED ABOUT 30 YEARS R/AT YADIYURU VILLAGE JALA HOBLI YELAHANKA TALUK BENGALURU-562 149. …PETITIONER (BY SRI. S. RAJASHEKAR, ADVOCATE AND SRI. PUNEETH .B.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY THE PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU-560 001. 2. ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION KANDAYA BHAVAN BENGALURU-560 009. 3. THE TAHSILDAR YELAHANKA TALUK YELAHANKA, BENGALURU-64. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15070 WP No. 8055 of 2025 4. SMT. MANJULAMMA W/O SRI MUNIVENKATAPPA AGED ABOUT 54 YEARS MARALUKUNTE VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU-562 149. 5. SRI. SRINIVAS KUMAR S/O LATE MUNIVENKATAPPA AGED ABOUT 36 YEARS MARALUKUNTE VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU-562 149. 6. SRI. VIJAY KUMAR S/O LATE MUNIVENKATAPPA AGED ABOUT 34 YEARS MARALUKUNTE VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU-562 149. 7. SMT. SOWBHAGYAMMA D/O LATE MUNIVENKATAPPA AGED ABOUT 32 YEARS MARALUKUNTE VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU-562 149. 8. SRI N. SURENDRA BABU S/O SRI C. NANJUNDAPPA AGED ABOUT 48 YEARS RESIDING AT MAHADEVAKODIGEHALLI VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU-562 149. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA FOR R1 TO R3; SRI. K. VIJAYA KUMAR, ADVOCATE FOR R4; SRI. ROHITH .S.V, ADVOCATE FOR R8) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE - 3 - NC: 2025:KHC:15070 WP No. 8055 of 2025 ORDER DATED 30.01.2025 PASSED BY THE R-2 / ASSISTANT COMMISSIONER, BANGALORE NORTH IN RA.YLK.284/2024, THE COPY OF WHICH IS AT ANNEXURE-V TO THE WRIT PETITION AND ETC. 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. The order passed by the Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act (for brevity, referred to as "the Act") is under challenge in this writ petition. 2. It is the case of the petitioner that the Regular Appeal had been filed before the Assistant Commissioner only as against N.Surendra Babu and the Tahsildar, but on 23.09.2024, applications for amendment as well as impleading were filed. However, there is no order forthcoming in the order sheet as to whether the impleading application has been allowed and the order sheet merely records that the matter was being posted for orders and on - 4 - NC: 2025:KHC:15070 WP No. 8055 of 2025 30.01.2025, the Assistant Commissioner has allowed the appeal, in which, it is indicated that the petitioner herein has been impleaded as the 3rd respondent. 3. The order sheet produced by the petitioner would also indicate that no order was passed on the application filed for impleading. Obviously, since no order was passed on the application, the petitioner was not notified of the proceedings that were pending before the Assistant Commissioner and yet a final order was passed against him without even hearing him. In this view of the matter, the impugned order cannot be sustained and the same would have to be quashed. 4. It is to be stated here that in the normal course, the remedy for the petitioner would have been to file a revision under Section 136(3) of the Act. However, having regard to the glaring illegality that no order was passed on the application filed for impleading and yet a final order was passed adverse to the - 5 - NC: 2025:KHC:15070 WP No. 8055 of 2025 interest of the impleading applicant, this writ petition is being entertained. Consequently, the impugned order is set aside and the matter is remitted to the Assistant Commissioner who shall hear the petitioner as well as the other respondents and pass appropriate orders on merits in accordance with law. 5. Since the parties are represented before this Court, they are directed to appear before the Assistant Commissioner on 07.05.2025. 6. If the entries have been altered pursuant to the order of the Assistant Commissioner, the same shall be restored as it stood prior to the passing of order by the Assistant Commissioner. It is also made clear that the Revenue Authorities shall not alter the entries till the disposal of the appeal, except for restoring the entries as ordered above. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 53