- 1 - HC-KAR NC: 2025:KHC:24408 WP No. 19098 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 19098 OF 2024 (KLR-RES) BETWEEN: SRI M.C. NAGARAJU AGED ABOUT 58 YEARS, S/O LATE CHIKKANARASIMHAIAH, RESIDING AT NO.240, NEW LAYOUT, BHAVANINAGAR, CHENNANAYAKANAPALYA, NAGASANDRA POST, BENGALURU-560 073. …PETITIONER (BY SRI. G. RAVISHANKAR, ADVOCATE FOR SRI. S.V. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT KANDAYA BHAVANA, BENGALURU-560 001. 3. THE ASST. COMMISSIONER DODDABALLAPURA SUB-DIVISION BANGALORE RURAL DISTRICT-561 203. 4. THE TAHASILDAR NELAMANGALA TALUK, NELAMANGALA-562 123. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24408 WP No. 19098 of 2024 5. SRI MAHIMANNA S/O LATE GOVINDAIAH, AGED ABOUT 59 YEARS 6. SRI KRISHNAPPA S/O LATE GOVINDAIAH, AGED ABOUT 56 YEARS 7. SRI PUTTEGOWDA S/O LATE GOVINDAIAH, AGED ABOUT 60 YEARS 8. SRI VENKATESH S/O LATE GOVINDAIAH, AGED ABOUT 58 YEARS RESPONDENT NOS.5 TO 8 ARE RESIDING AT MAHIMAPURA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL -562 123. 9. SMT. PUTTAMMA W/O LATE RAMAIAH, AGED ABOUT 68 YEARS, 10. SRI KUMAR S/O LATE RAMAIAH, AGED ABOUT 48 YEARS, 11. SRI LOKESH S/O LATE RAMAIAH, AGED ABOUT 46 YEARS, 12. SRI RAVI S/O LATE RAMAIAH, AGED ABOUT 44 YEARS, 13. SRI NAGARAJU S/O LATE RAMAIAH, - 3 - HC-KAR NC: 2025:KHC:24408 WP No. 19098 of 2024 AGED ABOUT 42 YEARS, 14. SRI UMESH S/O LATE RAMAIAH, AGED ABOUT 40 YEARS, RESPONDENT NOS.9 TO 14 ARE R/AT NO.4339, IPPE ANJANEYASWAMY LAYOUT, NELAMANGALA TOWN BANGALORE RURAL DISTRICT-562 123. 15. SMT. JAYAMMA W/O LATE LAKSHMIPATHI, AGED ABOUT 66 YEARS, 16. SRI BABU S/O LATE LAKSHMIPATHI, AGED ABOUT 40 YEARS, 17. SMT. SAVITHA D/O LATE LAKSHMIPATHI, AGED ABOUT 38 YEARS, 18. SMT RAMYA D/O LATE THIMMAIAH, W/O LATE GOVINDARAJU, AGED ABOUT 38 YEARS, 19. SMT LAKKAMMA D/O LATE THIMMAIAH, W/O VEEREGOWDA, AGED ABOUT 68 YEARS, 20. SMT. PUTTALAKSHMAMMA D/O LATE THIMMAIAH W/O KEMPABAIRAIAH AGED ABOUT 65 YEARS RESPONDENT NOS.15 TO 20 ARE R/AT MAHIMAPURA VILLAGE TYAMAGONDALU HOBLI - 4 - HC-KAR NC: 2025:KHC:24408 WP No. 19098 of 2024 NELAMANGALA TALUK-562 127. 21. SRI SURESH S/O LATE KEMPABYRAIAH AND LATE PUTTALAKSHMAMMA AGED ABOUT 48 YEARS 22. SRI MANJU S/O LATE KEMPABYRAIAH AND LATE PUTTALAKSHMAMMA AGED ABOUT 46 YEARS RESPONDENT NOS.21 AND 22 ARE R/AT: GANGEGOWDANAPALYA KULAVANAHALLI POST NELAMANGALA TALUK BANGALORE RURAL DISTRICT-562 123. 23. SRI KUMAR S/O LATE PUTTEGOWDA AGED ABOUT 46 YEARS 24. SRI PRAKASH S/O LATE PUTTE GOWDA AGED ABOUT 46 YEARS RESPONDENT NOS.23 AND 24 ARE R/AT: NO.1564, 'C' CROSS PRASHANTHNAGAR T. DASARAHALLI BENGALURU DISTRICT-560 057. 25. SRI GOPAL S/O LATE NARAYANAPPA DIED AS BACHELOR. SRI NARASIMHAIAH S/O LATE NARAYANAPPA AGED ABOUT 46 YEARS - 5 - HC-KAR NC: 2025:KHC:24408 WP No. 19098 of 2024 26. SRI SOMESHWARA S/O LATE NARAYANAPPA AGED ABOUT 44 YEARS RESPONDENT NOS.25 AND 26 ARE R/AT: NO.1564, 'C' CROSS PRASHANTH NAGAR T DASARAHALLI BENGALURU-560 057. 27. SRI MURTHY S/O LATE VENKATAIAH AGED ABOUT 55 YEARS 28. SRI GIRISH S/O LATE VENKATAIAH AGED ABOUT 48 YEARS 29. SRI PUTTAIAH @ PADMAIAH S/O LATE NARASAIAH AGED ABOUT 72 YEARS RESPONDENT NOS.27 TO 30 ARE R/AT MAHIMAPURA VILLAGE KULAVANAHALLI POST NELAMANGALA TALUK BANGALORE RURAL DISTRICT-562 123. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA R1 TO R4; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R5 & R6; V/O DATED 01.10.2024 NOTICE TO R7 TO R29 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.05.2024 IN R.A (N)NO.74/2020 PASSED BY THE R-3 AND PRODUCED AT ANNEXURE-Y; DIRECT THE R-4 TO RESTORE THE MUTATION IN M.R.NO.H23/2014-15 IN THE NAME OF THE PETITIONER IN RESPECT OF SY.NO.24/10A MEASURING 1 ACRE 06 GUNTAS OF MAHIMAPURA VILLAGE, - 6 - HC-KAR NC: 2025:KHC:24408 WP No. 19098 of 2024 THYAMAGONDLU HOBLI, NELAMANGAL TALUK AND PRODUCED AT ANNEXURE-Q AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard learned Counsel appearing for the parties. 2. In this writ petition, the petitioner is assailing the order dated 07.05.2024 in R.A(N) No.74/2020 (Annexure ‘Y’) passed by respondent No.3, inter alia sought for a direction to respondent No.3 restraining from making any entry in respect of the subject land in question. 2. Having taken note of the submission made by the learned Counsel appearing for the parties, it is stated that respondent No.3 has passed an order on merits of the case. However, the entire discussion made in the impugned order is with regard to the application filed by the appellant therein under Order VI Rule 17 of the Code of Civil Procedure. - 7 - HC-KAR NC: 2025:KHC:24408 WP No. 19098 of 2024 3. In that view of the matter, as fair opportunity has not been extended to the parties herein and respondent No.3 has passed an order by considering the interim application filed by the appellant therein and therefore I find force in the submission made by the learned Counsel for the petitioner. Accordingly, it is a fit case to remand the matter to respondent No.3 to re-consider the case of the parties on merits and take decision in the matter, in accordance with law. 4. As a result, I pass the following: ORDER i) Writ petition is allowed. ii) The order dated 07.05.2024 in R.A.(N)No.74/2020 (Annexure ‘Y’) on the file of respondent No.3-Assistant Commissioner, Doddaballapura Sub-Division, Bangalore Rural District, is hereby set aside and the matter is remitted to respondent No.3 to - 8 - HC-KAR NC: 2025:KHC:24408 WP No. 19098 of 2024 consider the appeal filed by the appellant therein on merits and take decision in the matter in accordance with law. iii) In order to avoid further delay in the matter, as the parties are represented through their learned Counsels, parties are directed to appear before respondent No.3 on 04.08.2025 at 3.00 p.m. and on their appearance, respondent No.3 shall consider the case of the parties on merits and dispose of the same expeditiously. Pending I.As., stand disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE JT/- CT:SM