- 1 - NC: 2025:KHC:17399 WP No. 11640 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11640 OF 2025 (SCST) BETWEEN: 1. SRI. VIJAYAKUMAR K.N, S/O LATE. KRISHNAMURTHY, AGED ABOUT 51 YEARS, 2. SRI. MADHU.K, S/O LATE KRISHNAMURTHY, AGED ABOUT 46 YEARS, 3. SMT. SUBBALAKSHMI, W/O LATE KRISHNAMURTHY, AGED ABOUT 71 YEARS, ALL ARE R/O KABBALA VILLAGE, BASAVAPATTANA 2ND HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 544. …PETITIONERS (BY SRI. GOPALAKRISHNAMURTHY C, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, DAVANGERE DISTRICT - 577 002. 2. THE ASSISTANT COMMISSIONER, HONNALLI SUB-DIVISION, CHANNAGIRI, DAVANAGERE DISTRICT - 577 213. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17399 WP No. 11640 of 2025 3. TAHASILDHAR, CHANNAGIRI, DAVANAGERE DISTRICT - 577 213. 4. SRI. KUMARANAAIKA.D S/O DENYANAAIKA, AGED ABOUT 61 YEARS, AGRICULTURIST, R/O KABBALA VILLAGE, BASAVAPATTANA 2ND HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 544. …RESPONDENTS (BY SRI. BHOJEGOWDA T. KOLLER, AGA FOR R1 TO R3; VIDE ORDER DATED 26.04.2025 NOTICE TO R4 ID DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE RECORDS. QUASH THE PROCEEDINGS PENDING ON THE FILE OF R-2 IN P.T.C.L NO. 48/2025 DATED 24.02.2025 IN ACK NO. RD0050000708880 TO THE PETITIONERS BY NOTIFYING THE NEXT DATE ON 04.03.2025, AS PER VIDE ANNX-B CONSEQUENTLY DISMISS THE APPEAL BEFORE THE R-2 IN P.T.C.L NO. 48/2025 AGAINST THE PETITIONERS DATED NIL - 08/2024, AS PER ANNX-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. Issue writ of certiorari by quashing the proceedings pending on the file of Respondent - 3 - NC: 2025:KHC:17399 WP No. 11640 of 2025 No.2 inP.T.C.L. No.48/2025 dated 24.02.2025 in Ack No.RD0050000708880 to the petitioners by notifying the next date on 04.03.2025, as per vide Annexure-B. Consequently, dismiss the Appeal before the Respondent No.2 in P.T.C.L. No.48/2025 against the petitioners dated Nil -8- 2024, as per Annexure-A. ii. Issue any such other direction/order as deems fit by this Hon'ble Court as per the facts and circumstances of the case to meet the ends of justice and equity. 2. What is challenged before this Court is the initiation of proceedings by Respondent No.4 before Respondent No.2/Assistant Commissioner. When the matter is still pending before the Assistant Commissioner, the question of the above writ petition being filed to stay the proceedings before the Assistant Commissioner is not maintainable. Reserving liberty to the petitioner to contest the matter before the second respondent, in accordance with law, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.: 2 Sl No.: 15 CT: BHK