- 1 - NC: 2025:KHC:10444 WP No. 17345 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 17345 OF 2023 (KLR-RES) BETWEEN: 1. SMT SARVAMANGALAMMA W/O LATE SRI R N NANJUNDAPPA, AGED ABOUT 80 YEARS, R/AT NO 83A, JODI HUSKUR (KODI) VIRGONAGAR POST, BENGALURU - 560049. 2. SRI. N. RAVI PRATHAP S/O LATE SRI. R.N. NANJUNDAPPA, AGED ABOUT 55 YEARS R/AT NO 101, HATTI REIGNS, 5TH CROSS, GANGANAGAR, R. T. NAGAR POST, BENGALURU-560032 3. SRI. N. SHASHI PRATHAP S/O LATE SRI. R.N. NANJUNDAPPA, AGED ABOUT 54 YEARS, R/AT NO 83A, JODI HUSKUR (KODI) VIRGONAGAR POST, BANGALORE-560049 4. SMT. N. THUNGA W/O SRI MANOJ KUMAR, D/O LATE SRI R.N. NANJUNDAPPA, AGED ABOUT 46 YEARS R/AT NO VN-05, PRUKSA SILVANA, NIMBEKAIPURA ROAD, BUDIGERE CROSS, OFF OLD MADRAS ROAD, BANGALORE-560049 …PETITIONERS (BY SRI. R. B. SADASIVAPPA., ADVOCATE) Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - NC: 2025:KHC:10444 WP No. 17345 of 2023 AND: 1. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE DEVANAHALLI - 562110 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION, DODDABALLAPURA BENGALURU RURAL DISTRICT-561203 3. THE TAHSILDAR HOSAKOTE TALUK, HOSAKOTE-562114 4. SMT. MANJULA W/O LATE SRI. PRABHUDEV AGED ABOUT 57 YEARS 5. SRI.P. SANTHOSH S/O LATE SRI. PRABHUDEV AGED ABOUT 31 YEARS SL. NOS.4 AND 5 ARE R/AT NO 48, 3RD CROSS, BSK 3RD STAGE, NEAR KATHRIGUPPE POST OFFICE, BENGLAURU-560085. 6. SMT. T.R.S. MANGALA W/O LATE SRI VIRUPAKSHA AGED ABOUT 55 YEARS R/AT NO.131 , DISPENSARY ROAD, CIVIL STATION, SHIVAJINAGAR, BANGALORE - 560001 7. SMT. K.S. MANJULA W/O LATE SRI.N. PRATHAP AGED ABOUT 50 YEARS 8. SMT. MALASHREE D/O LATE SRI. N. PRATHAP - 3 - NC: 2025:KHC:10444 WP No. 17345 of 2023 AGED ABOUT 33 YEARS 9. SMT. SHOBHA D/O LATE SRI.N. PRATHAP AGED ABOUT 29 YEARS SL. NO.7 TO 9 ARE R/AT NO 28, 1ST FLOOR, 2ND BLOCK, AKSHAYNAGAR, RAMAMURTHYNAGAR, BANGALORE-560076. 10. SRI. H.S.SRINIVASA S/O SANJEEVAPPA AGED ABOUT 54 YEARS, 11. SMT. L.V. MEENAKSHI W/O H.S. SRINIVASA AGED ABOUT 49 YEARS, SL. NO.10 AND 11 ARE R/AT DODDAGATTIGANABBE ROAD, KAMMAVARI NAGARA, HOSKOTE - 562114. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3, SRI. N.S. HIREMATH, ADV. FOR SRI. M.B.CHANDRA CHOODA, ADV. FOR R4 TO R6,R8 AND R9, SRI. D. MANJUNATH, ADV. FOR R1 AND R11.) [CAUSE TITLE AMENDED VIDE COURT ORDER DATED:12.03.2025.] THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 07/07/2023, VIDE ANNEXURE-J PASSED BY THE R1 i.e., DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, BENGALURU IN R.P. NO. 134/2018 SETTING ASIDE THE ORDER DATED 28/07/2018 PASSED BY THE ASSISTANT COMMISSIONER / R2 IN CASE NO. RA (H) 55/2009-10 VIDE ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 4 - NC: 2025:KHC:10444 WP No. 17345 of 2023 ORAL ORDER Petitioners have challenged the order dated 07.07.2023 passed in Revision Petition No.134/2018 by the Deputy Commissioner, Bengaluru Rural District, Bengaluru, under Section 136(3) of the Karnataka Land Revenue Act, 1964. 2. The principal grievance of the petitioners are that the said order has been passed without providing an opportunity to the petitioners. The petitioner have produced the order sheet maintained by the Deputy Commissioner vide Annexure-'H'. 3. A perusal of the order sheet would indicate that the Deputy Commissioner was unavailable for quite a number of times right from 2022 and ultimately when the case was posted to 03.07.2023, the order has been passed on the following terms: "03/07/2023 Petitioner counsel present. Respondent absent. WA filed for orders. Sd/- - 5 - NC: 2025:KHC:10444 WP No. 17345 of 2023 07/07/2023 Order pronounced in the open Court. Sd/- 07/07/2023" Thus, the order was pronounced in the open Court on 07.07.2023, without hearing the respondents in the Review Petition. 4. As could be seen from the order sheet maintained by the Deputy Commissioner, the petitioners herein who are the respondents before the Deputy Commisioner were not present and on the other hand, written arguments were filed by the petitioners and thereafter the matter was posted for 'Orders' without fixing a date. It is thus, manifestly clear that the petitioners herein did not have the opportunity to make their submissions before the Deputy Commissioner. 5. As a consequence, in my view, the impugned order dated 07.07.2023 passed in Revision Petition No.134/2018 by the Deputy Commissioner, Bengaluru Rural District, Bengaluru, cannot be sustained and the - 6 - NC: 2025:KHC:10444 WP No. 17345 of 2023 same is set aside and the matter shall now stand remitted back to the Deputy Commissioner with a direction to hear all the parties concerned including the respondents who are impleaded now and consider the matter on merits. 6. With the above observation, Writ Petition is allowed, directing the Deputy Commissioner to hear all the parties and pass appropriate orders within a span of three months from the date of receipt of a copy of this order. Since the parties are represented before this Court, they are directed to appear before the Deputy Commissioner on 15.04.2025 and take further instructions in the matter. 7. It is clarified that respondent Nos.10 and 11 shall be impleaded as co-petitioners in the Revision Petition. Sd/- (N S SANJAY GOWDA) JUDGE SSD List No.: 1 Sl No.: 21