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2025 DAILYLAW 25310 (KAR)

SRI.GOPALAPPA v. THE STATE OF KARNATAKA

WP/14838/2025 · 2025-06-10

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19672 WP No. 14838 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.14838 OF 2025 (KLR-RES) BETWEEN: SRI. GOPALAPPA S/O LATE NALAPPA AGED ABOUT 48 YEARS, R/AT TURANDAHALLI VILLAGE, SUGATUR HOBLI, KOLAR TALUK, KOLAR DISTRICT-563 101. …PETITIONER (BY SRI. VISWESWARAIAH S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT -563 101. 3. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, KOLAR -563 101. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19672 WP No. 14838 of 2025 4. THE TAHASILDAR KOLAR TALUK, KOLAR DISTRICT-563 101. 5. SRI.NACHE GOWDA S/O LATE VENKATESHA GOWDA AGED ABOUT 70 YEARS 6. SRI. N. PRUTHVI RAJ S/O LATE NAGARAJAPPA AGED ABOUT 35 YEARS RESPONDENTS NO.5 AND 6 ARE RESIDING AT TURANDAHALLI VILLAGE, SUGATUR HOBLI, KOLAR TALUK KOLAR DISTRICT-563 101. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 IN CASE NO. L.N.D/C.R/47/2024 DATED 24.09.2024 AT ANNEXURE-C BY ALLOWING THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Learned Additional Government Advocate accepts notice for the respondent Nos.1 to 4. - 3 - HC-KAR NC: 2025:KHC:19672 WP No. 14838 of 2025 2. In this petition, petitioner is assailing the order dated 24.09.2024 (Annexure-C) in case No. L.N.D/C.R./47/2024 passed by respondent No.2 remanding the matter to respondent No.3 to re-consider the appeal filed therein, on merits. 3. Having taken note of the submissions made by learned counsel appearing for the parties as well as the finding recorded by respondent No.3 in case No. LND.RUO.(A).01/2022 at Annexure-B, dated 14.06.2024, it would indicate that private respondents herein are not properly represented therein, despite the notice taken in newspaper publication. However, ends of justice would be met if both side parties are heard in the matter on merits by the competent authority and appropriate order passed in accordance with law. 4. In that view of the matter, I do not find any merit to accept the writ petition upon considering that respondent No.2 has remitted the matter to respondent No.3 for reconsideration. - 4 - HC-KAR NC: 2025:KHC:19672 WP No. 14838 of 2025 5. In that view of the matter, the writ petition is dismissed. However, the respondent No.3 is directed to expedite hearing and issue notice to all parties concerned and thereafter dispose of the matter at the earliest, within six months from the date of receipt of certified copy of this order. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 39