- 1 - HC-KAR NC: 2025:KHC:18576 WP No. 30302 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30302 OF 2019 (GM-R/C) BETWEEN: P PARAMESHWARA AITHAL S/O LATE BABU @ NARAYANA AITHAL, AGED ABOUT 68 YEARS R/O BHADRA NAYANA 4TH CROS, BEJAI KAAPIKADU, MAGNALORE, DAKSHINA KANNADA DISTRICT 575004. …PETITIONER (BY SRI. SIDDESWARA N K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF REVENUE AND KARNATAKA HINDU RELIGIOUS INSTITUTIONS & CHARITABLE ENDOWMENTS, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BANGALORE-560001. 2. THE COMMISSIONER KARNATAKA HINDU RELIGIOUS INSTITUTIONS & CHARITABLE ENDOWMENTS DEPARTMENT, 4TH FLOOR, MINTO SRI ANJANEYA BHAVANA, ALUR VENKATA RAO ROAD, CHAMARAJPET, BANGALORE-560018. 3. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALORE-575001. 4. THE ADDITIONAL DEPUTY COMMISSIONER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18576 WP No. 30302 of 2019 DAKSHINA KANNADA DISTRICT, MANGALORE-575001. 5. THE ASSISTANT COMMISSIONER DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, DAKASHINA KANNADA DISTRICT, MANGALORE-575001. 6. SRI SADASHIVA M S/O.M.PADMANABHAIAH, MAJOR, RTD., BANK MANAGER, R/ONO.3-166/1, PADMAPRASADA, KULAAYI, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT-575005. …RESPONDENTS (BY SRI. SIDHARTH BABURAO AGA FOR R1 TOR5; SRI. N. SHANKARANARAYANA BHAT., ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R-2 AS PER ANNEXURE-G IN CASE NO.ADM 7/RP 17/16-17 DATED 03.08.2018 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Quash the impugned order passed by the 2nd Respondent as per Annexure-G in Case No. ADM - 3 - HC-KAR NC: 2025:KHC:18576 WP No. 30302 of 2019 7/RP 17/16-17 dated 03.08.2018 by issuing the a Writ of Certiorari b. Issue such other appropriate writ or order or direction as the Hon’ble Court deems fit under the circumstances of the case in the interest of justice. 2. The grievance of the Petitioner is that in the Revision Petition in Case No.ADM-7/RP-17/2016-17 which had been filed for revision of the order dated 2.8.2016 passed by the Additional Deputy Commissioner in case No.124/2014-15/139498/F3, the Petitioner was not made a party though he was a party in the proceedings which were disposed of by virtue of order dated 2.8.2016. It is in that background, Sri.Siddeswara N.K., learned counsel for the Petitioner submits that the principles of natural justice have been violated. The Petitioner also ought to have been heard since one of the applications which had been considered by the Additional Deputy Commissioner in its order dated 2.8.2016 was that filed by the Petitioner on 20.7.2016, which was found reference at Sl.No.5 in the said order. - 4 - HC-KAR NC: 2025:KHC:18576 WP No. 30302 of 2019 3. A perusal of the said order would indicate that the order has also been communicated to the Petitioner. The Petitioner being a person at Sl.No.2 to whom the copies were marked. If that be so, it was required that the Petitioner was required to be made a party in the revision petition and the Petitioner also be given opportunity of being heard. 4. Though the contention of Sri.N.Shankaranarayana Bhat, learned counsel for Respondent No.6 is that there was no right of the Petitioner to be determined in those proceedings, the determination of such right would have only arisen if the Petitioner was party to the revision petition, which the Petitioner has been deprived of. 5. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:18576 WP No. 30302 of 2019 ii) The order passed by Respondent No.2 in Case No.ADM-7/RP-17/16-17 dated 3.8.2018 is quashed. iii) The matter is remanded to Respondent No.2 for fresh consideration by making the Petitioner and all other concerned persons who are found mentioned in the order dated 2.8.2016 parties to the said proceedings and pass necessary orders in accordance with law. iv) Since the order is passed in the presence of both the counsel, the Petitioner and Respondent No.6 shall appear before Respondent No.2 without the requirement of any further notice at 3.00 p.m. on 26.6.2025. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 55