- 1 - HC-KAR NC: 2025:KHC:19157 WP NO.16160 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.16160 OF 2025 (KLR-RES) BETWEEN: SRI. D. SUBRAYA BHAT S/O LATE NARAYANA BHAT, AGED ABOUT 50 YEARS, R/AT DIVANA HOUSE, VITTLA PADNUR VILLAGE, POST: KODAPADAVU, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT - 574 222. …PETITIONER (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, D.C. COMPOUND, MANGALURU - 575 001. 3. THE ASSISTANT COMMISSIONER, MANGALURU SUB-DIVISION, D.C. COMPOUND, MANGALURU - 575 001. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19157 WP NO.16160 OF 2025 4. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION OF LAND, BANTWAL TALUK, BANTWAL, DAKSHINA KANNADA DISTRICT - 574 219. REP. BY THE TAHSILDAR. 5. THE TAHSILDAR BANTWAL TALUK, BANTWAL, DAKSHINA KANNADA DISTRICT - 574 219. 6. SMT. CHANDRAVATHI, W/O SESAPPA GOWDA, AGE: MAJOR, R/AT DIVANA HOUSE, VITTLA PADNUR VILLAGE, POST: KODAPADAVU, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT - 574 222. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 11TH MARCH , 2025 PASSED BY THE RESPONDENT NO.2-DEPUTY COMMISSIONER, MANGALURU, DAKSHINA KANNADA DISTRICT IN APPEAL NO.CDis.RAP/44/2024, VIDE ANNEXURE-A, INSOFAR AS IT RELATES TO REMANDING THE CASE TO THE ASSISTANT COMMISSIONER, MANGALURU TO HOLD FURTHER ENQUIRY; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH - 3 - HC-KAR NC: 2025:KHC:19157 WP NO.16160 OF 2025 ORAL ORDER Smt. Navya Shekhar, learned Additional Government Advocate accepts notice for respondents 1 to 5. 2. In this petition, the petitioner is assailing order dated 11th March, 2025 (Annexure-A) passed by the respondent No.2- Deputy Commissioner, Mangaluru, Dakshina Kannada in Appeal No.CDis.RAP/44/2024, wherein the matter has been remanded to the Assistant Commissioner, Mangaluru to hold fresh enquiry insofar as the land granted to the respondent No.6 is concerned. 3. Heard Sri. Pundikai Ishwara Bhat, learned counsel appearing for the petitioner and Smt. Navya Shekahar, learned Additional Government Advocate appearing for respondents 1 to 5. 4. Having taken note of the submission made by learned counsel appearing for the parties and on careful examination of the finding recorded in the impugned order dated 11th March, 2023 (Annexure-A), the same would indicate that the respondent No.2-Deputy Commissioner had perused the original records and arrived at a conclusion that the order - 4 - HC-KAR NC: 2025:KHC:19157 WP NO.16160 OF 2025 of grant has been made in the absence of the respondent No.5- Tahsildar and same has not been signed by the respondent No.5-Tahsidlar, and as such, the order suffers from infirmity. In that view of the matter, respondent No.2 had remanded the matter to the respondent No.3 to conduct further enquiry and to take decision in accordance with law. Therefore, I am of the opinion that, no interference be called for in this writ petition. Accordingly, writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 44