- 1 - NC: 2025:KHC:17565 WP No. 18739 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 18739 OF 2023 (KLR-RR/SUR) BETWEEN: 1. SRI. VENKATARAMANAPPA S/O MUNISWAMAPPA DEAD BY HIS LRS SRI. SREENIVAS S/O LATE VENKATARAMANAPPA AGED ABOUT 47 YEARS 2. SMT. MANJULA D/O LATE VENKATARAMANAPPA AGED ABOUT 49 YEARS 3. SMT. SUJATHA D/O LATE VENKATARAMANAPPA AGED ABOUT 45 YEARS 4. SMT. CHANDRAKALA D/O LATE VENKATARAMANAPPA AGED ABOUT 43 YEARS ALL ARE R/A AVALAHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560 064. …PETITIONERS (BY SRI. M. SREENIVASA, ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17565 WP No. 18739 of 2023 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, VIDHANA SOUDHA DR B R AMBEDKAR VEEDHI BANGALORE-560001. REP BY ITS PRINCIPLE SECRETARY 2. THE SPECIAL DEPUTY COMMISSIONER BEHIND KANDAYA BHAVAN D C OFFICE COMPOUND K G ROAD, BANGALORE-560009. 3. THE ASSISTANT COMMISSIONER KANDHAYA BHAVAN K G ROAD, BANGALORE NORTH TALUK BANGALORE-560009. 4. THE TAHASILDAR MINI VIDHANA SOUDHA YELAHANKA, BANGALORE NORTH TALUK BANGALORE-560064. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE R2, WHICH ULTIMATELY RESULTED IN PASSING THE IMPUGNED ORDER ANNEXURE-A DATED 01/04/2010 MADE IN NO. RRT/2/NA/CR/730/08-09, QUASH THE IMPUGNED ORDER ANNEXURE-A DATED 01/04/2010 MADE IN NO. RRT/2/NA/CR/730/08-09 PASSED BY THE R2, IN RESPECT OF THE LAND BEARING SY. NO. 79 MEASURING 1 ACRE OF AVALAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:17565 WP No. 18739 of 2023 ORAL ORDER 1. The petitioners are challenging the order passed by the Deputy Commissioner whereby the Deputy Commissioner has directed the Tahsildar to treat the land bearing Sy.No.79 as Gomala and make consequential entries in the revenue records as Government. 2. It is the case of the petitioners that notices were not served on their father—Venkataramanappa and the order is essentially an experte order. It is stated that the Deputy Commissioner has merely observed that notices were served on one Govindaraju who was unrelated to the petitioners. 3. In my view, since the Deputy Commissioner has passed the impugned order without having the benefit of the objections of Venkataramanappa or his legal heirs, it would be appropriate to quash the impugned order and remand the matter to the Special Deputy Commissioner with the direction to - 4 - NC: 2025:KHC:17565 WP No. 18739 of 2023 the Special Deputy Commissioner to consider the objections that may be filed by the petitioners and pass an appropriate order on merits in accordance with law. 4. Since the parties are represented by their respective counsel before this Court, they are directed to appear before the Special Deputy Commissioner on 04.06.2025, without awaiting further notice from the Deputy Commissioner. 5. The Special Deputy Commissioner shall take into consideration all the contentions that were advanced by the petitioners. 6. The writ petition is accordingly allowed. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 127