- 1 - HC-KAR NC: 2025:KHC:20433 WP No. 13753 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 13753 OF 2024 (KLR-RES) BETWEEN: SRI. B.S.RUDRAIAH, S/O LATE SUBBAIAH MUDIGERE, AGED 52 YEARS, R/AT KALLAHALLI, MAGERI, SAKALESHPURA TALUK, PRESENTLY R/AT KADAVALLI VILLAGE AND POST, BLOCK NO.70, P.B.POST, MUDIGERE TALUK, MUDIGERE TALUK – 577 132. …PETITIONER (BY SRI. PRASANNA B R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN – 573 201. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20433 WP No. 13753 of 2024 3. THE ASSISTANT COMMISSIONER, SAKALESHPURA SUB - DIVISION, SAKALESHPURA – 573 127. 4. THE TAHSILDAR, SAKALESHPURA TALUK, SAKALESHPURA – 573 127. 5. SRI. LOHITH BHARANI T.N., S/O NEELAKANTAPPA T.S., R/AT NO.02, BHEEMAJYOTHI LIC COLONY, BASAVESHWARA NAGARA, BENGALURU NORTH, BENGALURU – 560 079. 6. SRI. SATISH KUMAR G, S/O GOPALA G, R/AT NO.195, 4TH MAIN, 2ND STAGE, W.O.C.ROAD, MANJUNATHA NAGARA, RAJAJINAGARA, BENGALURU – 560 010. 7. SRI. VINAY KUMAR V.R., S/O VITTALANATH, R/AT 18/2, 3RD MAIN, 3RD CROSS, BEHIND B.T.S. DEPOT, SUBBANNA GARDEN, VIJAYANAGARA, BENGALURU – 560 040. 8. SRI. B.M.BHAGAWAN, S/O LATE N.H.MANJEGOWDA, R/AT MUDIGERE ROAD, - 3 - HC-KAR NC: 2025:KHC:20433 WP No. 13753 of 2024 OPP Y.D.D.COLLEGE, BELUR TOWN, HASSAN DISTRICT – 573 115. …RESPONDENTS (BY SRI.SIDDHARTH BABU RAO, AGA FOR R1 TO R4; SRI.G.PAPI REDDY, SENIOR ADVOCATE FOR SRI.VARUN PAPI REDDY, ADVOCATE FOR R5 TO R8) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2/DEPUTY COMMISSIONER HASSAN DISTRICT IN CASE NO.RP 40/2022-23 DATED 29.02.2024 VIDE ANNEXURE – L AND ETC., 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 petitioner is assailing the order dated 29.02.2024 vide Annexure L passed by respondent No.2. 2. Heard Sri B.R. Prasanna, learned counsel for the petitioner, Sri Siddarth Babu rao, learned AGA for - 4 - HC-KAR NC: 2025:KHC:20433 WP No. 13753 of 2024 respondents 1 to 4, Sri G. Papi Reddy, learned Senior Advocate for Sri Varun Papi Reddy, learned counsel for respondents 5 to 8. 3. It is contended by learned counsel appearing for the petitioner by referring to order sheet produced at Annexure K that the counsel appearing for the petitioner herein has entered appearance before respondent No.2 on 03.02.2024 and thereafter, respondent No.2 has posted the matter for orders without providing a fair opportunity to the petitioner herein to file his objection to the revision petition and therefore, he sought for interference of this Court stating that, the impugned order passed at Annexure-L requires to be interfered with in this writ petition. 4. Per contra, Sri G. Papi Reddy, learned Senior Counsel appearing for respondent Nos.5 to 8 invited the attention of the Court to Annexure J wherein the petitioner herein has filed O.S.No.15/2023 on the file of the Senior - 5 - HC-KAR NC: 2025:KHC:20433 WP No. 13753 of 2024 Civil Judge and JMFC at Sakaleshpur seeking relief of declaration in respect of the subject land and in that view of the matter, even if the petitioner herein is permitted to file objection in Revision Petition, the end result would be as to decide the lis between the parties in terms of judgment and decree that may be passed by the Civil Court in O.S.No.15/2023. He also submitted that the suit in O.S.No.15/2023 is dismissed and therefore, there is no need for considering the case of the petitioner at this stage. In this regard, he refers to the judgment of the Hon'ble Supreme Court in KARBALAI BEGUM Vs. MOHD. SAYEED AND ANOTHER reported in (1980) 4 SCC 396 and submitted that as the suit filed by the petitioner has already reached finality and in that view of the matter, non observance of the natural justice by respondent No.2 does not arise at all in this petition and accordingly sought for dismissal of this writ petition. - 6 - HC-KAR NC: 2025:KHC:20433 WP No. 13753 of 2024 5. Sri Siddharth Baburao, learned AGA sought to defend the impugned order at Annexure-L. 6. In the light of the submission made by the learned counsel appearing for the parties without going into merits of the case, I have carefully examined the order sheet maintained by the office of respondent No.2 at Annexure-K. Respondent No.2 has issued notice to the respondents on 05.10.2023 and thereafter, on two occasions there was no sitting by respondent No.2, subsequently, on 25.01.2024, learned counsel representing petitioner herein has filed vakalathnama and accordingly time was granted to file objections. Immediately thereafter, on the next date of hearing on 20.02.2024, the respondent No.2 has posted the matter for orders. 7. In that view of the matter, I am of the view that no fair opportunity has been extended by respondent No.2 to the petitioner to have his say in the matter. - 7 - HC-KAR NC: 2025:KHC:20433 WP No. 13753 of 2024 8. Though the learned Senior Counsel appearing for respondent Nos.5 to 8 submitted that, suit filed by the petitioner herein in respect of the subject land has been dismissed, however, it is well established principle in law that this Court, exercising the writ jurisdiction under Article 226 and 227 of the Constitution of India is very limited to the deficiency in decision making process and not the decision itself RAMESHWAR PRASAD AND OTHERS Vs. UNION OF INDIA AND ANOTHER reported in (2006) 2 SCC 1. 9. In that view of the matter, having taken note of the factual aspects that fair opportunity has not been extended to the petitioner herein, the impugned order at Annexure-L dated 29.02.2024 passed by respondent No.2 is hereby set aside. The matter is remitted to respondent No.2 for fresh consideration after affording fair opportunity of hearing to all the parties concerned and take decision in the matter in accordance with law. - 8 - HC-KAR NC: 2025:KHC:20433 WP No. 13753 of 2024 10. With this observation, the writ petition stands disposed of. 11. Since all the parties are represented before this Court, in order to avoid further delay in the matter, parties herein are directed to appear before respondent No.2 on 07.07.2025 at 3.00 p.m. and on their appearance respondent No.2 shall expedite the hearing and conclude the same at the earliest. SD/- (E.S.INDIRESH) JUDGE NG List No.: 1 Sl No.: 50