- - HC-KAR NC: 2025:KHC:25362 WP No. 23883 of 2024 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.23883 OF 2024 (KLR-RES) BETWEEN: 1. SRI.MUNIYAPPA S/O MUNIVENKATAPPA, AGED ABOUT 70 YEARS RESIDING AT ATTUR VILLAGE, KAIVARA HOBLI, CHINTAMANI TALUK, CHICKBALLAPUR DISTRICT. …PETITIONER (BY SRI. D. KRISHNAMOORTHY A/W SRI. GIRISHA T.R., ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT M S BUILDINGS, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER CHICKBALLAPUR DISTRICT CHICKBALLAPUR. 3. THE ASSISTANT COMMISSIONER CHICKBALLAPUR SUB DIVISION CHICKBALLAPUR. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - - HC-KAR NC: 2025:KHC:25362 WP No. 23883 of 2024 2 4. THE TAHSILDAR CHINTAMANI TALUK, CHINTAMANI. 5. SRI B K ASHOK S/O LATE KRISHNAPPA, AGED ABOUT 45 YEARS, R/AT H-80, KADUBEESANAHALLI, NEAR GOVT SCHOOL, KADABISANAHALLI, BENGALURU - 560103. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R4; SRI. S.J. PURANIK, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.02.2024 IN CASE NO. RA/43/21-22 PASSED BY THE DEPUTY COMMISSIONER, CHICKBALLAPUR A COPY OF WHICH IS PRODUCED AT ANNEXURE-G. 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 - - HC-KAR NC: 2025:KHC:25362 WP No. 23883 of 2024 3 ORAL ORDER In this the writ petition, the petitioner is assailing the order dated 05.02.2024 in RA No.43 of 2021-22 passed by the respondent No.2-Deputy Commissioner (Annexure-G) to the writ petition. 2. I have heard Sri. D. Krishnamoorthy learned counsel appearing on behalf of Sri. Girisha T. R., for the petitioner; Sri. Siddarth Baburao, learned Additional Government Advocate for the respondent State and Sri. S.J. Puranik, learned counsel for the Respondent No.5. 3. Sri. D. Krishnamoorthy, learned counsel for the petitioner invited the attention of the court to the finding recorded by the respondent No.2 in the impugned order at Annexure-G and submitted that, though the Revision Petition has been filed under Section 56 of Karnataka Land Revenue Act, 1964 (for - - HC-KAR NC: 2025:KHC:25362 WP No. 23883 of 2024 4 short, 'the Act'), the respondent No.2 has considered the said Revision Petition under Section 136(2) of the Act as well as Section 50 of the Act, to condone the delay in filing the Revision Petition without there being any application filed by the appellant to condone the delay. Accordingly, sought for interference of this court. 4. Per contra, Sri. S.J. Puranik, learned counsel for the respondent No.5, submitted that the respondent No.3 has committed an error in passing the order dated 30.08.2021 (Annexure-A), and same has been rectified by the respondent No.2, in the impugned order and therefore, sought for dismissal of the writ petition 5. Sri. Siddarth Baburao, learned Additional Government Advocate appearing for the respondent- - - HC-KAR NC: 2025:KHC:25362 WP No. 23883 of 2024 5 State sought to justify impugned order passed by respondent No.2-Deputy Commissioner. 6. In the light of the submission made by the learned counsel appearing for the parties, order dated 30.08.2021 in RA No.332 of 2018-19 (Annexure-A) on the file of the respondent No.3, was questioned before the respondent No.2-Deputy Commissioner in RA No.43 of 2021-22. On careful examination of the finding recorded by the respondent No.2 would indicate that, the appellant therein has not filed any application seeking condonation of delay and despite the same, the Revision Petition was accepted by the respondent No.2. In that view of the matter, taking into consideration the procedural irregularity committed by the respondent No.2 while accepting the Revision Petition, requires to be interfered with in this writ petition and therefore, I am of the opinion that, it is fit case to remand the matter to respondent No.2 to - - HC-KAR NC: 2025:KHC:25362 WP No. 23883 of 2024 6 consider the case of the parties afresh in the light of the observations made above. Accordingly, I pass the following: ORDER i) Writ Petition is allowed; ii) Order dated 05.02.2024 (Annexure-G) passed by the respondent No.2-Deputy Commissioner is hereby set aside and the matter is remanded to respondent No.2 to re- consider the issue afresh after affording the opportunity of hearing to all the parties concerned. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 66