SRI. PRABHU RAJ D AMBLI v. THE ASSISTANT COMMISSIONER
WP/16000/2025 · 2025-06-05
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28005 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28005 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:19003 WP No. 16000 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 16000 OF 2025 (SCST)
BETWEEN:
SRI. PRABHU RAJ D AMBLI, S/O DURUDUNDALAH AMBLI, AGED ABOUT 55 YEARS, R/A NO.304, ARCHANA ENCLAVE, ISRO LAYOUT, NEAR GANAPATHI TEMPLE, PRASHANTHI NAGARA, BENGALURU-560078.
REPRESENTED BY HIS GPA HOLDER, SRI. K.R. SHIVARUDRARADYA, S/O LATE K.R. RACHUTTIAH, AGED ABOUT 50 YEARS, R/AT NO.36, KALAPPANAHALLI VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562122. …PETITIONER (BY SRI. K. VIJAYA KUMAR., ADVOCATE)
AND:
1.
THE ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, KOLAR -563101.
2.
THE TAHSILDAR, KOLAR TALUK, KOLAR -563101.
3. SMT.BYRAMMA, D/O LATE BYRAPPA, W/O THIRUMALAPPA,
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:19003 WP No. 16000 of 2025
AGED ABOUT 65 YEARS, R/AT HOSAHALLI VILLAGE, KAIWARA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT-563128.
SMT. ASMATHUNNISA, SINCE DEAD HER LR'S ARE NOT BROUGHT ON RECORD BEFORE THE 1ST RESPONDENT.
4.
SRI. THIRUMALAPPA, S/O LATE MUNIGIDDAPPA, AGED ABOUT 95 YEARS, R/A JODIHOSAHALLI VILLAGE, KAIWARA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT, PIN: 563128.
SRI. BYRAPPA, SINCE DEAD HIS LR'S ARE NOT BROUGHT ON RECORD BEFORE THE 1ST RESPONDENT.
5.
SMT. ROOPA, D/O THIRUMALAPPA, W/O RAJAPPA, AGED ABOUT 44 YEARS, R/AT KADUBETTANAHALLI VILLAGE, INDALAWADI POST, JIGANI HOBLI, ANEKAL TALUK, PIN:-562106.
NAGINA BEGUM SINCE DEAD BY HER LRS
6. WASIYA, D/O LATE SYED ZAMRUD, AGED ABOUT 32 YEARS,
- 3 -
HC-KAR NC: 2025:KHC:19003 WP No. 16000 of 2025
7.
SUMAYYA TAJ, D/O LATE SYED ZAMRUD, AGED ABOUT 30 YEARS,
8.
SYED MUQBUL S/O LATE SYED ZAMRUD, AGED ABOUT 29 YEARS,
9. SHAZIYA, D/O LATE SYE SYED ZAMRUD, AGED ABOUT 27 YEARS,
10. SYED FAKRUDDIN, S/O LATE SYED ZAMRUD, AGED ABOUT 24 YEARS
11. SYED YASIN, S/O LATE SYED ABBAS, AGED ABOUT 51 YEARS,
12. SYED REHAMAN, S/O LATE SYED ABBAS, AGED ABOUT 48 YEARS,
13. SYED ABDUL, S/O LATE SYED ABBAS, AGED ABOUT 45 YEARS,
14. SYED MUJEEB, S/O LATE SYED ABBAS, AGED ABOUT 42 YEARS,
RESPONDENTS NO.6 TO 14 ARE R/AT NO.13/1, KILARIPETE, GANIGARA PETE, HOSKOTE TOWN,
- 4 -
HC-KAR NC: 2025:KHC:19003 WP No. 16000 of 2025
BENGALURU RURAL DISTRICT - 562114. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- QUASH THE
ORDER DATED 02.05.2025 PASSED BY THE R1 IN CASE NO.
LND/SC/ST/24/2019 ANNEXURE -A 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
ORAL ORDER
In this writ petition, the petitioner is challenging the order dated 02.05.2025 passed by respondent No.1 in Case No.LND/SC-ST/24/2019 (Annexure-A).
2. Heard Sri. K Vijaya Kumar, learned counsel appearing for the petitioner and Smt. Savithramma, learned Addl. Government Advocate appearing for the respondent-State.
3. It is contended by learned counsel appearing for the petitioner that the impugned order at Annexure-A was passed on 02.05.2025 and the petitioner was asked to appear before respondent No.1 as per Annexure-H2 on 05.06.2025. It appears that respondent No.1 has passed an order without
- 5 -
HC-KAR NC: 2025:KHC:19003 WP No. 16000 of 2025
application of mind and also unaware about the calendar of
2025. Accordingly, sought for interference of this Court.
4. Having heard the learned counsel appearing for the parties, I find force in the submission made by learned counsel for the petitioner. The order dated 02.05.2025 (Annexure-A) passed by respondent No.1 is hereby set aside and the matter is remitted to respondent No.1 to reconsider the issue afresh, after affording opportunity of hearing to the petitioner as well as private respondents and thereafter, pass appropriate orders in accordance with law, taking into consideration that the quasi-judicial Authority has to exercise its power in accordance with law.
5. It is also made clear that, the RTC extracts which stood before the impugned order at Annexure-A shall continue.
Accordingly, the writ petition is allowed. Sd/-
(E.S.INDIRESH) JUDGE
PHM List No.: 1 Sl No.: 49