- 1 - NC: 2025:KHC:16126 WP No. 14580 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 14580 OF 2023 (KLR-RES) BETWEEN: 1. SMT. MUNITHAYAMMA W/O LATE CHIKKAMUNIYAPPA AGED ABOUT 80 YEARS 2. SMT. MUNIYAMMA W/O LATE CHIKKAMUNIYAPPA AGED ABOUT 82 YEARS BOHT ARE R/AT NO.20, 2ND CROSS, 1ST MAIN, NEAR SHANIMAHATHMA TEMPLE ALLALASNDRA, YELAHANKA BENGALURU-560 064. …PETITIONERS (BY SRI. KALYAN .R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS REVENUE SECRETARY VIDHANA SOUDHA, BENGALURU-560 001. 2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU NORTH SUB DIVISION BENGALURU URBAN DISTRICT KG ROAD, BENGALURU-560 009. 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION KG ROAD, BENGALURU-560 009. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16126 WP No. 14580 of 2023 4. THE TAHSILDHAR BENGALURU NORTH(ADDITIONAL) TALUK PRESENTLY YELAHANKA TALUK YELAHANKA, BANGALORE-560 064. 5. SMT. MULIBAI NAAN VANI W/O SRI. GOPAL DAS NAAN VANI AGED ABOUT 70 YEARS R/AT AVALAHALLI VILLAGE YELAHANKA HOBLI AND TALUK BENGALURU-560 004. ALSO R/AT SMT. MULIBAI NAAN VANI W/O SRI. GOPAL DAS NAAN VANI AGED ABOUT 70 YEARS R/AT NO.9. MEG OFFICERS COLONY BANASWADI ROAD, BENGALURU-560 032. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4; V/O DATED 27.11.2024, NOTICE TO R5 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE R-2 VIDE RRT/2/NA/CR/758/2008-09 DATED 30.09.2015 AS PER ANNEXURE-K AND MUTATION AND REVENUE ENTRY BY (RTC) BY THE R-4 MR-H24/2016-17 DTD 26/04/2017 AS PER ANNEXURE-L AND M IN RESPECT OF LAND BEARING SY.NO. 79, NEW SY.NO. 79-P5, MEASURING 2 ACRES, SITUATED AT AVALAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK, PRESENTLY YELAHANKA TALUK, BENGALURU URBAN DIST AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:16126 WP No. 14580 of 2023 ORAL ORDER 1. The petition is filed challenging the order passed by the Special Deputy Commissioner against one Smt.Mulibai Naan Vani. 2. The Deputy Commissioner ultimately, by the impugned order, has held that the land in question was a ‘Gomal land’ and, therefore, the entry in favour of Smt.Mulibai Naan Vani was illegal and directed the name of the Government to be entered in the revenue records. 3. It is the case of the petitioner that Smt.Mulibai Naan Vani was the purchaser from the petitioner’s husband and this land was granted to the petitioner’s husband by virtue of the petitioner’s husband belonging to Scheduled Caste and Scheduled Tribe. 4. It is the further case of the petitioner that the petitioner had initiated proceedings for resumption under the provisions of the Karnataka Scheduled - 4 - NC: 2025:KHC:16126 WP No. 14580 of 2023 Castes And Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 and the Assistant Commissioner had accepted the plea and had ordered for resumption. 5. It is also the case of the petitioner that pursuant to the order of resumption, the revenue entries were mutated in her favour, but the Deputy Commissioner without noticing these facts and without even making the petitioner as a party has directed the name of Smt.Mulibai Naan Vani to be deleted and the name of the Government to be inserted. 6. In my view, since the petitioner claims that an order of resumption was passed in her favour and the revenue entries were also mutated in her favour thereby indicating the land had been granted to her husband and the same had been sold in contravention of the terms of the grant, the impugned order that is passed by the Deputy Commissioner without even making the petitioner as - 5 - NC: 2025:KHC:16126 WP No. 14580 of 2023 a party cannot be sustained. Consequently, the impugned order is set aside. The Special Deputy Commissioner is directed to reconsider the matter after hearing the petitioner and after impleading her as respondent. 7. The said exercise shall be undertaken within a period of six months from the date of receipt of a copy of this order. 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 47