- 1 - NC: 2025:KHC:16175 WP No. 17657 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 17657 OF 2024 (KLR-RES) BETWEEN: 1. SRI N SRINIVASAPPA SON OF CHIKKANARAYANAPPA, AGED ABOUT 69 YEARS, 2. SRI. N. NARAYANASWAMY SON OF CHIKKANARAYANAPPA, AGED ABOUT 65 YEARS, BOTH ARE R/AT EMARKUNTE VILLAGE AND POST, RONUR HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT-563 135. …PETITIONERS (BY SRI. C SHANKAR REDDY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY/COMMISSIONER, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR-563 101. 3. THE ASSISTANT COMMISSIONER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16175 WP No. 17657 of 2024 KOLAR SUB DIVISION, KOLAR-563 101. 4. THE TAHSILDAR SRINIVASAPURA TLAUK, SRINIVASAPURA-563 135. 5. THE BLOCK EDUCATION OFFICER SRINIVASAPURA TALUK, SRINIVASAPURA-563 135. 6. SRI. N. RAMACHANDRAPPA AGED ABOUT 63 YEARS, S/O. LATE CHIKKANARAYANAPPA, RESIDING AT EMARKUNTE VILLAGE AND POST, RONUR HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT-563 135. …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA FOR R-1 TO R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 08.05.2024 PASSED IN REV.MISC.NO.87/2019(CH-1) ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU MADE AS PER ANNEXURE-K TO THIS WP AND ALLOW THE SAME AND THEREBY RESTORE REV APPEAL NO.494/2015 ON THE FILE OF THE HONBLE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU(CCH-1) TO FILE FOR BEING DISPOSED OF ON MERITS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:16175 WP No. 17657 of 2024 ORAL ORDER 1. An appeal had been preferred challenging the grant of land to respondent No.5 on the ground that the applications filed for regularization was pending consideration. This appeal was however dismissed for non-prosecution by the Karnataka Appellate Tribunal. A Miscellaneous Petition filed has also been dismissed by the Karnataka Appellate Tribunal and consequently, this writ petition has been filed. 2. In my view, even though the Karnataka Appellate Tribunal has come to the conclusion that sufficient opportunity for submitting the arguments had been afforded to the petitioners and yet they remained unrepresented, in the larger interest of justice and equity, it would be appropriate to give one final opportunity to the petitioners to address arguments. 3. Consequently, the impugned order is set aside and the matter is remitted to the Karnataka Appellate - 4 - NC: 2025:KHC:16175 WP No. 17657 of 2024 Tribunal for fresh consideration of the Appeal on merits. 4. It is made clear that if the petitioners do not address arguments on the next date of hearing or any other adjourned date, the Tribunal would be at liberty to dismiss the Appeal once again for non-prosecution. 5. Accordingly, this writ petition is allowed. 6. Since the parties are represented by counsels before this Court, they are directed to appear before the Tribunal on 26.05.2025 and secure further instructions. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 49