- 1 - NC: 2025:KHC:6284 WP No. 13860 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13860 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SMT. MAHADEVAMMA W/O LATE BASAVEGOWDA @ PUTTAPPA AGED ABOUT 76 YEARS 2. SRI. MAHADEVU S/O LATE BASAVEGOWDA @ PUTTAPPA AGED ABOUT 58 YEARS 3. SRI. SHIVANNA S/O LATE BASAVEGOWDA @ PUTTAPPA AGED ABOUT 56 YEARS 4. SRI. RAVI S/O LATE BASAVEGOWDA @ PUTTAPPA AGED ABOUT 40 YEARS PETITIONERS NO.1 TO 4 ARE RESIDING AT NO.116, YARAGANAHALLI SHAKTHINGARA POST MYSURU-570 029. 5. SMT. BHARATHI W/O LATE PRAKASH AGED ABOUT 45 YEARS NO.111, YARAGANAHALLI SHAKTHINAGAR POST, MYSURU-570 029. 6. SRI. SHIVANNA S/O LATE CHIKKEGOWDA AGED ABOUT 46 YEARS NO.39, YARAGANAHALLI Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6284 WP No. 13860 of 2024 SHAKTHINAGAR POST MYSURU-570 029. 7. SRI. NAGARAJU S/O LATE CHIKKEGOWDA AGED ABOUT 44 YEARS NO.39, YARAGANAHALOLI SHAKTHINAGAR POST MYSURU-570 029. …PETITIONERS (BY SRI. Y.K. NARAYANA SHARMA, ADVOCATE) AND: 1. SRI. GOVINDEGOWDA S/O LATE HOTTERANGAIAH MAJOR, AGE NOT KNOWN TO THE PETITIONERS NO.14, RAMAMANDIRA ROAD YARAGANAHALLI, SIDDARTHNAGAR POST MYSURU-570 011. SRI. VENKATEGOWDA S/O LATE HOTTERANGAIAH SINCE DECEASED BY LEGAL REPRESENTATIVES 2. SMT. SHARADAMMA MAJOR, AGE NOT KNWON TO THE PETITIONERS D/O VENKATEGOWDA 3. SRI. SRINEEVASA MAJOR, AGED NOT KNOWN TO THE PETITIONERS S/O VENKATEGOWDA 4. SRI. RAMESH MAJOR, AGE NOT KNOWN TO THE PETITIONERS S/O VENKATEGOWDA RESPONDETNS NO.1 TO 4 ARE R/AT 4TH CROSS KRISHNANAGAR NEAR GOVERNMENT HIGH SCHOOL - 3 - NC: 2025:KHC:6284 WP No. 13860 of 2024 YARAGANAHALLI SIDDARTHNAGAR POST MYSURU-570 011. 5. SMT. YASHODHA D/O VENKATEGOWDA MAJOR, AGE NOT KNOWN TO THE PETITIONERS MAHADEVAPURA VILLAGE SRIRANGAPATNA TALUK MANDYA DISTRICT-571 415. 6. THE ASSISTANT COMMISSIONER MYSURU SUB-DIVISION ASSISTANT COMMISSIONER'S OFFICE MYSURU-570 001. 7. THE TAHSILDAR MYSURU TALUK, TALUK OFFICE MYSURU-570 001. …RESPONDENTS (BY SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE FOR SMT. SIRI RAJASHEKAR, ADVOCATE FOR R1 TO R5; SRI. MANJUNATH .K, HCGP FOR R6 AND R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 21.12.2023 PASSED IN RA NO. 824/2023 BY THE R-6 AS PER THE ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 4 - NC: 2025:KHC:6284 WP No. 13860 of 2024 ORAL ORDER This petition is filed primarily aggrieved by the order passed by respondent No.6/Assistant Commissioner violating the principles of natural justice. 2. Petitioners contend that without notifying the petitioners, the impugned order under challenge is passed. 3. Having heard learned counsel appearing for the petitioners and the learned Senior Counsel appearing for respondents 1 to 5, this Court is satisfied that the order under challenge is passed in gross violation of the principles of natural justice. 4. Learned Senior Counsel appearing for respondents 1 to 5 fairly concedes that the impugned order may be set aside and the matter may be remanded to the Assistant Commissioner for fresh enquiry. 5. Recording his statement, this Court proceeds to pass the following: - 5 - NC: 2025:KHC:6284 WP No. 13860 of 2024 ORDER (i) The writ petition is allowed. (ii) The order dated 21.12.2023 passed by respondent No.6/Assistant Commissioner in R.A.No.824/2023 as per Annexure-G is hereby set aside. (iii) The matter stands remitted to respondent No.6/Assistant Commissioner. (iv) All contentions are kept open. (v) Respondent No.6/Assistant Commissioner shall re-hear the matter after notifying all interested parties and thereafter proceed to pass order on merits within a period of six months from the date of receipt of certified copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE *alb/- List No.: 2 Sl No.: 29