- 1 - NC: 2025:KHC:9362 WP No. 29179 of 2019 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. 29179 OF 2019 (LR) BETWEEN: 1. SMT NAGAMMA W/O. LATE. V S VENKATANARASAIAH, R/AT ADDE. VISHWANATHA PURA VILLAGE, ARAKERE POST, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU 562163. (SENIOR CITIZEN BENEFIT IS NOT CLAIMED) …PETITIONER (BY SRI. MUNIRAJA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, MS BUIDING, DR. B R AMBEDKAR VEEDHI, BENGALURU 560001. REP BY ITS SECRETARY 2. THE ASSISTANT COMMISSIONER CUM AUTHORIZED OFFICER TO DISPOSE OF THE TENANCY APPLICATIONS FILED IN FORM NO. 7(A), BENGLAURUL NORTH (ADDL) TALUK TALUK OFFICE, NEAR NES OFFICE, MINI VIDHANA SOUDHA, YELAHANKA, BENGLAURU 560064 3. THE TAHASILDAR BENGALURU NORTH (ADDL)TALUK, TALUK OFRFICE, NEAR NES OFFICE, MINI VIDHANA SOUDHA, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9362 WP No. 29179 of 2019 YELAHANAKA, BENGALURU 560064 4. SRI. MUNISHAMAPPA S/O. CHINNAPPA, R/AT ITAGALPURA VILLAGE, RAJANAKUNTE POST, HESARGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU 560064 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-3; SMT. KAVITHA.R.REDDY., ADVOCATE FOR SRI. K.VARAPRASAD., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPGUNED JUDGMENT DATED:15.09.2017 IN APPEAL NO.450/2008 PASSED BY THE HON'BLE KARNATAKA APPELLATE TRIBUNAL AS PER ANNEXURE-A AND UPHOLD THE ORDER DATED.25.04.2008 PASSED BY THE R-2 AS PER ANNEXURE-K, 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 Assistant Commissioner passed an order rejecting Form No.7(A) in these terms: “Case called. No merit, rejected. Orders pronounced in the open court”. - 3 - NC: 2025:KHC:9362 WP No. 29179 of 2019 2. It is obvious that, there was absolutely no discussion or finding recorded as to why the claim of the petitioner did not have any merit. 3. The Karnataka Appellate Tribunal taking note of this lacuna in the order, has allowed the appeal and has remanded the matter to the Assistant Commissioner. It is submitted that, as against the order passed by the Tribunal, a review was sought, but the same was also rejected by the Tribunal and, thereafter, this writ petition has been filed. 4. Having regard to the contents of the order passed by the Assistant Commissioner, which is extracted above, in my view, the order of the Karnataka Appellate Tribunal remanding the matter to the Assistant Commissioner cannot be found fault with. This petition lacks merit and is therefore dismissed. - 4 - NC: 2025:KHC:9362 WP No. 29179 of 2019 5. It is needless to state that the Deputy Commissioner shall consider the matter on merits and pass necessary orders. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 32