- 1 - HC-KAR NC: 2025:KHC:21221 WP No. 8811 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 8811 OF 2022 (KLR-RES) BETWEEN: 1. MR. E. DEVARAJ S/O LATE ERAPAP AGED ABOUT 49 YEARS R/AT SHETTIHALLI YADARUR POST YELDRU HOBLI, SRINIVASAPURA TLAUK KOLAR DISTRICT 563138 …PETITIONER (BY SRI. PIYUSH KUMAR JAIN.,ADVOCATE) AND: 1. THE DISTRICT COMMISSIONER KOLAR DISTRICT KOLAR 563101. 2. THE TAHSILDHAR SRINIVASAPURA TALUK SRINIVASAPURA KOLAR DISTRICT 563135 …RESPONDENTS (BY SRI MANJUNATH K, HCGP) THIS W.P. IS FILED UNDERT ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 15.07.2019 PASSED BY THE R-1 VIDE ANNX-A. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21221 WP No. 8811 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 15.07.2019 in the case No.RA/55/2016-2017 passed by the respondent No.1 as per Annexure-A to the writ petition. 2. Heard Sri Piyush Kumar Jain, learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondents. 3. It is contended by the learned counsel appearing for the petitioner by referring to the impugned order at Annexure-A submitted that, a fair opportunity has not been extended by the respondent No.1 to the petitioner to plead his case, and without considering the factual aspect on record, disposed of the proceedings. Therefore, he submits that a fair opportunity may be extended to the petitioner herein to plead his case and to produce the relevant documents to the respondent No.1 to decide the matter on merits in accordance with law. - 3 - HC-KAR NC: 2025:KHC:21221 WP No. 8811 of 2022 4. Per contra, the learned High Court Government Pleader for the respondents submitted that, though the fair opportunity has been extended to the petitioner, and plea of the petitioner herein has also been recorded in the impugned order, and accordingly, he submitted that the impugned order at Annexure-A requires to be confirmed in this petition. 5. The main contention of the learned High Court Government Pleader is unequivocal terms that the petitioner herein has no say in the matter with regard to the land in question. 6. In light of the submissions made by the learned counsel appearing for the parties, I have carefully considered the finding recorded by the respondent No.1 at Annexure-A. 7. At no stretch, respondent No.1 would see that a fair opportunity has been extended to the respondent No.1 therein (petitioner herein), and therefore, no representation has been made nor objection has been filed, and accordingly, the matter was taken up on merits by the respondent - Authority. - 4 - HC-KAR NC: 2025:KHC:21221 WP No. 8811 of 2022 8. In that view of the matter, since the land in question is claimed by the petitioner herein, the ends of justice would be met if fair opportunity being extended to the petitioner herein to say in the matter. 9. In that view of the matter, the matter is remitted to the respondent No.1 to take a decision in the matter after affording an opportunity to all the parties concerned in accordance with law. 10. In the result, I pass the following: ORDER i) Writ petition is allowed. ii) The impugned order dated 15.07.2019 in case No.RA/55/2016-2017 passed by the respondent No.1 (Annexure-A) is hereby set aside. iii) Since the proceedings before the respondent No.1 was of the year 2016-17, in order to avoid further delay in the matter, the parties are directed to appear before the respondent No.1 on 14.07.2025 at 3.00 p.m., and on their appearance, the respondent No.1 shall consider the case of the parties afresh in terms of the observations made above. - 5 - HC-KAR NC: 2025:KHC:21221 WP No. 8811 of 2022 iv) The respondent No.1 shall complete the proceedings expeditiously. SD/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 64