- 1 - NC: 2025:KHC:2100-DB WA No. 617 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 617 OF 2022 (KLR-RES) BETWEEN: 1. STATE OF KARNATAKA REPT. BY CHIEF SECRETARY GOVERNMENT OF KARNATAKA ROOM No.320, 3RD FLOOR VIDHANA SOUDHA BENGALURU-560 001 2. THE SECRETARY TO GOVT. DEPARTMENT OF REVENUE 3RD GATE, 5TH FLOOR M.S. BUILDING BENGALURU-560 001 3. THE DEPUTY COMMISSIONER BEERASANDRA VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110 4. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA BENGALURU RURAL DISTRICT-561 203 5. THE TAHSILDAR DEVANAHALLI TALUK DEVANAHALLI BENGLAURU RURAL DISTRICT-562 110 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2100-DB WA No. 617 of 2022 …APPELLANTS (BY SRI. DEVARAJ C.H., GA) AND: SRI. S.P. PRABHU S/O LATE PILLAMARAPPA AGED ABOUT 57 YEARS AGRICULTURIST R/O. SOMATHANAHALLI VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110 …RESPONDENT (BY SRI. V. SRINIVAS, ADVOCATE FOR C/RESPONDENT) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (a). ALLOW THE WRIT APPEAL (b). SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.56023/2018 (KLR-RES), DATED 09.03.2022 AND CONSEQUENTLY DISMISS THE SAID WRIT PETITION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing on either side. 2. We notice that the learned Single Judge in the judgment under appeal had specifically recorded the admission that the order impugned before him was one passed without - 3 - NC: 2025:KHC:2100-DB WA No. 617 of 2022 notice to the petitioner and that the matter can be remitted back to the Authority. The contention raised by the learned Government Advocate that the writ petitioner has an alternative remedy by way of appeal has also been considered by the learned Single Judge. However, learned single Judge found that the order issued by the Assistant commissioner on 11.11.2016 was without notice to the writ petitioner and on that short ground, the writ petitioner would succeed in the writ petition. 3. Having considered the contentions advanced, we notice that the occupation by the respondent herein had been regularized by the Assistant Commissioner on 06.09.2007 and Saguvali Chit had also been issued, pursuant to a writ petition and Contempt of Court Case filed by the respondent herein. The grant was later reversed by the Assistant Commissioner which was taken in an appeal and the appeal was allowed in favour of the respondent. The said order remains undisturbed. It is while so that the Assistant Commissioner has issued the impugned order dated 11.11.2016, that too, without any notice having been issued to the petitioner as admitted, during the consideration of the writ petition. - 4 - NC: 2025:KHC:2100-DB WA No. 617 of 2022 4. In the above facts and circumstances, we are of the opinion that the judgment of the learned Single Judge is perfectly legal and valid and does not require any interference in exercise of the intra-court appellate power of this Court. The writ appeal therefore fails, the same is accordingly dismissed . Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 4