- 1 - NC: 2025:KHC:11076 WP No. 22815 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 22815 OF 2024 (KLR-RES) BETWEEN: 1. SMT. C. N. ASHWATHAMMA W/O LATE SRI MUNISWAMY @ M C VENKATASWAMY SINCE DEAD BY LRS SRI M V CHIKKANNA S/OLATE MUNISWAMY @ M C VENKATASWAMY AGED ABOUT 72 YEARS R/AT NO 9, MAHESHWARAMMA TEMPLE STREET, J C NAGAR, BENGALURU - 560006 2. SMT SAROJAMMA W/O LATE SRI M V MUNIYAPPA AGED ABOUT 65 YEARS 3. SMT M M DHANALAKSHMI D/O LATE SRI M V MUNIYAPPA AGED ABOUT 45 YEARS 4. SMT. M.M.MAHALAKSHMI., W/O SRI.RAGHAVENDRA., D/O LATE M.V.MUNIYAPPA., AGED ABOUT 43 YEARS, 5. SMT M M SAVITHA D/O LATE SRI M V MUNIYAPPA AGED ABOUT 41 YEARS 6. SRI M M SRINIVAS MURTHY S/O LATE SRI M V MUNIYAPPA AGED ABOUT 38 YEARS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11076 WP No. 22815 of 2024 7. SRI M M GANESH MURTHY S/O LATE SRI M V MUNIYAPPA AGED ABOUT 35 YEARS ALL ARE RESIDING AT NO 46/7, SESHADRI ROAD, MARAPPA GARDEN, BENSON TOWN POST, BENGALURU - 560046 …PETITIONERS (BY SRI. R B SADASIVAPPA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K G ROAD, BANGALORE. 2. THE ASSITANT COMMISSIONER NORTH SUB DIVISION KANDAYA BHAVAN K G ROAD, BENGALURU - 560009. 3. THE TAHSILDAR K R PURAM, BENGALURU EAST TALUK BENGALURU - 560016. 4. SMT RATHNAMMA D/O LATE SRI BHADRA REDDY AGED ABOUT 64 YEARS, 5. SMT VANJAKSHMAMMA D/O SRI RATHNAMMA AGED ABOUT 44 YEARS, 6. SMT PAVITHRA D/O SMT RATHNAMMA AGED ABOUT 36 YEARS, 7. SMT SUSHEELAMMA D/O LATE SRI BHADRA REDDY AGED ABOUT 64 YEARS, - 3 - NC: 2025:KHC:11076 WP No. 22815 of 2024 8. SRI K L BABU REDDY S/O SMT SUSHEELAMMA AGED ABOUT 44 YEARS, 9. SRI VINODHA S/O SMT SUSHEELAMMA AGED ABOUT 42 YEARS, 10. SRI K L MAHESH S/O SMT SUSHEELAMMA AGED ABOUT 37 YEARS, 11. SRI SRINIVASA REDDY S/O LATE SRI BHADRA REDDY AGED ABOUT 64 YEARS, 12. SMT AMARAMMA W/O SRI SRINIVASA REDDY AGED ABOUT 52 YEARS, 13. SRI MANJUNATHA S/O SRINIVASA REDDY AGED ABOUT 33 YEARS, 14. SRI MAHESH S/O SRI SRINIVASA REDDY AGED ABOUT 31 YEARS, 15. SMT GOWRAMMA W/O LATE SRI CHANDRA REDDY AGED ABOUT 55 YEARS, 16. SRI M C NAGARAJAREDDY S/O LATE SRI CHANDRA REDDY AGED ABOUT 39 YEARS, 17. SMT M C ROOPA D/O LATE SRI CHANDRA REDDY AGED ABOUT 34 YEARS, 18. SMT NIRMALAMMA - 4 - NC: 2025:KHC:11076 WP No. 22815 of 2024 W/O LATE SRI NAGESH REDDY AGED ABOUT 48 YEARS, 19. SMT PAVITHRA D/O LATE SRI NAGESH REDDY AGED ABOUT 30 YEARS, 20. SMT ANNAPURNA D/O LATE SRI NAGESH REDDY AGED ABOUT 29 YEARS, 21. SMT CHANDRIKA D/O LATE SRI NAGESH REDDY AGED ABOUT 26 YEARS, ALL ARE R/AT MULLUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU - 560035 REP BY THEIR GPA HOLDER SRI VENKATESH S/O LATE SRI PUTTAPPA, AGED ABOUT 38 YEARS, R/ATNO 404, OLD KEP ROAD, KADUGODI, BENGALURU - 560037. 22. SRI UDAYA KUMAR S/O LATE SRI KANTHAMMA AGED ABOUT 54 YEARS R/ATNO 161, 1ST MAIN, 2ND CROSS, OLD PNACHAYATH OFFICE ROAD, KADUGODI KADUGODI POST, BIDARAHALLI HOBLI, BENGALURU - 560067 23 SRI. VENKATESH, S/O LATE SRI PUTTAPPA., AGED ABOUT 46 YEARS, R/AT No.404, OLD KEP ROAD, KADUGODI, BENGALURU-560067. …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA FOR R-1 TO R-3; SRI. DAYANANDA.K.G., ADVOCATE FOR C/R-21) - 5 - NC: 2025:KHC:11076 WP No. 22815 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ORDER DATED 5.03.2018 PASSED BY THE ASST COMMISSIONER I.E R-2 BENGALURU, BENGALURU NORTH SUB DIVISION BENGALURU IN RA (BE) NO. 169/2017-18 VIDE ANNX-A AND ORDER DTD 22.04.2024 PASSED BY THE DEPUTY COMMISSIONER I.E THE R-1 BENGALURU URBAN DIST BENGALURU IN RP NO. 291/2018 VIDE ANNEXURE-B, ETC. THIS PETITION, COMING ON FOR PRRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The two orders of mutation that were passed in M.R.No.27/1983-84 and M.R.No.34/1994-95 were challenged by filing an appeal before the Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act, 1964, in the year 2018. 2. The order passed by the Assistant Commissioner indicates that, respondent Nos.1 and 2 i.e., the petitioners herein had not appeared despite service of notice and were placed ex parte. 3. Learned AGA submits that, two notices sent to the petitioner were returned unserved. - 6 - NC: 2025:KHC:11076 WP No. 22815 of 2024 4. However, learned counsel appearing for the respondent contends that, notices were in fact served and also an acknowledgement to that effect in the records. 5. Be that as it may, since one of the notices sent to the appellants were returned unserved, in my view, the order passed by the Assistant Commissioner setting aside the order of mutation will have to be set aside and, an opportunity will have to be afforded to the petitioners to file their objections. 6. As a consequence, the order of the Deputy Commissioner, which has affirmed the order of the Assistant Commissioner will also have to be set aside. 7. Accordingly this writ petition is allowed and the matter is remanded to the Assistant Commissioner and, the Assistant Commissioner shall afford an opportunity to the petitioners to file their objections - 7 - NC: 2025:KHC:11076 WP No. 22815 of 2024 to the appeal, hear them and, thereafter, pass orders afresh in accordance with law. 8. Since both the parties are represented by their counsels, they are directed to appear before the Assistant Commissioner on 15.04.2025 without expecting any further notice. 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 3