- 1 - HC-KAR NC: 2025:KHC:24667 WP No. 40932 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.40932 OF 2019 (KLR-RR/SUR) BETWEEN: SMT. MUNITHAYAMMA G W/O. VENKATASHAMAPPA AGED ABOUT 68 YEARS, JALA HOBLI, MARALUKUNTE VILLAGE, BENGALURU NORTH (ADDITIONAL TALUK), BENGALURU-562 149. …PETITIONER (BY SRI. K S MALLIKARJUNAIAH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU NORTH SUB DIVISION K.G. ROAD,BENGALURU-560 009. 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH DISTRICT KANDAYABHAVAN, K.G. ROAD, BENGALURU-560 009. 4. THE TAHASILDAR NORTH TALUK YELAHANKA SUB-DIVISION BENGALURU-560 065. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R4) Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24667 WP No. 40932 of 2019 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 DATED 17.2.2016 VIDE ANNEXURE-M AS AB-INITIO VOID; DIRECT THE R-4 TO CONTINUE THE NAME OF THE PETITIONER IN THE RTC AND ALL OTHER RELEVANT REVENUE RECORDS IN RESPECT OF LANDS IN SY NO.50/16B MEASURING 4 ACRES OF MARALAKUNTE VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK 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 In this writ petition, petitioner is assailing the order dated 17.02.2016 (Annexure-M) passed by the respondent No.2 herein. 2. Heard the learned counsel Sri. K.S.Mallikarjunaiah, appearing for the petitioner and Sri. Manjunath.K, learned High Court Government Pleader appearing for the respondent - State. 3. It is contended by the learned counsel for the petitioner by referring to the order sheet maintained by - 3 - HC-KAR NC: 2025:KHC:24667 WP No. 40932 of 2019 the respondent No.2 in RRT(2)/N(A) CR/65/2010-11 that, no fair opportunity is extended to the petitioner herein and that apart the matter was heard by the predecessor of the Presiding Officer and therefore fair opportunity has to be extended to the petitioner. 4. Per contra, learned Additional Government Advocate refers to the order sheet and submitted that despite having given sufficient opportunity to the petitioner herein, the petitioner herein remained absent and accordingly sought for dismissal of the writ petition. 5. In the light of the submissions of the learned counsel appearing for the parties, and on careful examination of the order sheet maintained by the respondent No.2 at Annexure-K would indicate that fair opportunity has not been extended to the petitioner herein. Though, the learned Additional Government Advocate opposes the said submission by the learned counsel for the petitioner fair opportunity has not been - 4 - HC-KAR NC: 2025:KHC:24667 WP No. 40932 of 2019 extended, however, since property rights involved in this writ petition, I am of the view that a proper adjudication has to be made in respect of the subject land. Accordingly, ends of justice would be met if the impugned order dated 17.02.2016 (Annexure-M) passed by the respondent No.2 be set aside and matter be remitted to respondent- authorities to afford a fair opportunity to the petitioner. It is made clear that the petitioner herein shall attend each of hearings before the respondent No.2 regularly without fail. 6. In that view of the matter, I pass the following: ORDER (i) The writ petition is allowed. (ii) The order dated 17.02.2016 at Annexure-M passed by the respondent No.2 is hereby set aside and the matter is remitted to respondent No.2 to dispose of the petition after affording an opportunity of hearing to the petitioner. - 5 - HC-KAR NC: 2025:KHC:24667 WP No. 40932 of 2019 (iii) In order to avoid further delay in the matter, the petitioner herein is directed to appear before the respondent No.2 on 05.08.2025 at 3.00 p.m., and on their appearance expedite the hearing and conclude the proceedings in accordance with law, within four months from the appearance of the petitioner herein. Sd/- (E.S.INDIRESH) JUDGE KLY