- 1 - HC-KAR NC: 2025:KHC:21969 WP No. 17939 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 17939 OF 2025 (KLR-RES) BETWEEN: 1. SRI KALAPPA AGED ABOUT 65 YEARS, S/O LATE NANJAPPA, RESIDING AT BHATTARA MARENAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK 562 135 …PETITIONER (BY SRI. BHADRINATH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M S BUILDING, BENGALURU 560 001, REPRESENTED BY PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, K G ROAD, BENGALURU 560009. 3. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION, BANGALORE 560 009. 4. THE TAHSILDAR BANGALORE NORTH (ADDL) TALUK, YELAHANKA, BENGALURU 560 064. 5. SRI RAMAIAH AGED ABOUT 55 YEARS, S/O LATE MUNISHAMAPPA, RESIDING AT SINGANAHALLI VILLAGE, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21969 WP No. 17939 of 2025 JALA HOBLI, BENGALURU NORTH TALUK 562 135. 6. SRI T VASANTH KUMAR AGED ABOUT 50 YEARS, S/O LATE THIMMARAYAPPA , RESIDING AT SINGANAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK 562 135. 7. SRI MUNIYAPPA AGED ABOUT 48 YEARS, S/O LATE SANJEEVAPPA , RESIDING AT SINGANAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK 562 135. 8. SMT MANJULA AGED ABOUT 45 YEARS, D/O LATE NARAYANAPPA , RESIDING AT SINGANAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK 562 135. 9. SMT MANJULA AGED ABOUT 40 YEARS, D/O LATE NARAYANAPPA , RESIDING AT SINGANAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK 562 135. 10. SMT MANJULA AGED ABOUT 39 YEARS, D/O LATE NARAYANAPPA , RESIDING AT SINGANAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK 562 135. 11. SMT THOPAMMA AGED ABOUT 56 YEARS, W/O LATE MUNIYAPPA, RESIDING AT SINGANAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK 562 135 …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:21969 WP No. 17939 of 2025 (BY SRI SIDDHARTH BABURAO, AGA FOR R1 TO R4, SRI L SUBRAMANI, ADVOCATE FOR C/R5 TO R11) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF TO CALL FOR RECORDS AND TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER/S TO QUASH THE IMPUGNED ORDER DATED 18.02.2025 IN R.P.NO.332 OF 2023 PASSED BY THE RESPONDENT NO.2/DEPUTY COMMISSIONER, AS FOUND AT ANNEXURE-A AND CONSEQUENTLY TO PERMIT THE PETITIONER TO PROSECUTE THE MATTER ON MERITS BEFORE THE RESPONDENT NO.2/DEPUTY COMMISSIONER IN R.P.NO.332 OF 2023 AS FOUND AT 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 The learned Additional Government Advocate accepts notice for respondents No.1 to 4. Sri. L. Subramani, learned counsel accepts notice for respondents No.5 to 11. 2. In this writ petition, the petitioner is assailing the order dated 18.02.2025 in R.P.No.332 of 2023 as per Annexure-A passed by the respondent No.2 and consequently sought for permission to prosecute the matter on merits before the respondent No.2. 3. Heard Sri Bhadrinath R, learned counsel appearing for the petitioner, Sri Siddharth Babu Rao, learned Additional - 4 - HC-KAR NC: 2025:KHC:21969 WP No. 17939 of 2025 Government Advocate for the respondents No.1 to 4 and Sri L.Subramani, learned counsel for the respondent No.5 to 11. 4. Having taken note of the submissions made by the learned counsel for the parties, I have carefully examined the order sheet in respect of the proceedings in R.P.No.332/2023. Taking into consideration that, on several occasions there were no sitting in the proceedings of the respondent No.2, I find force in the submission made by the learned counsel for the petitioner. 5. In that view of the matter, ends of the justice would be met by affording an opportunity to the petitioner to prosecute the case before the respondent No.2 and therefore, impugned order at Annexure-A to be set aside and the matter be remitted to respondent No.2 for fresh consideration. In that view of the matter, I pass the following: ORDER i) The writ petition is allowed. ii) The impugned order dated 18.02.2025 in R.P.No.332/2023 at Annexure-A, on the file of respondent No.2 is hereby set aside. - 5 - HC-KAR NC: 2025:KHC:21969 WP No. 17939 of 2025 iii) The matter is remanded to respondent No.2 to hear the matter afresh after affording an opportunity of hearing to the parties concerned. iv) In order to avoid further delay in the matter, recording the submissions of the learned counsel representing their parties, the parties are hereby directed to appear before the respondent No.2 on 21.07.2025 at 3.00 p.m., and on their appearance the respondent No.2 shall dispose of the case in accordance with law. v) All the contentions of the parties are kept open. vi) The respondent No.2 is hereby directed to conclude the entire proceedings within the outer limits of 6 months from the date of appearance of the parties on 21.07.2025. Sd/- (E.S.INDIRESH) JUDGE HR List No.: 1 Sl No.: 55