- 1 - HC-KAR NC: 2025:KHC:24412 WP No. 22961 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 22961 OF 2022 (KLR-RES) BETWEEN: 1. SMT. PUTTAMANAMMA W/O LATE RAJA SHETTY SINCE DEAD BY LR R. SHIVA KUMAR S/O LATE RAJA SHETTY, AGED ABOUT 67 YEARS. 2. SMT SUSHEELAMMA D/O LATE RAJA SHETTY, AGED ABOUT 66 YEARS, REPRESENTED BY HER GPA HOLDER, R. SHIVA KUMAR, S/O LATE RAJA SHETTY, AGED ABOUT 68 YEARS, BOTH ARE PRESENTLY RESIDING AT NO.64/48, SERPENTINE ROAD, KUMARA PARK WEST, SHESHADRIPURA, BANGALORE-560 020. …PETITIONERS (BY SRI. GANGADHARAPPA A.V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, 5TH FLOOR, MULTISTORIED BUILDING, BANGALORE-560 001. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24412 WP No. 22961 of 2022 2. DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA-571 313. 3. ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION, KOLLEGALA, CHAMARAJANAGARA DISTRICT-571 440. 4. TAHSILDAR CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT-571 313. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.09.2022 PASSED BY THE R2 DEPUTY COMMISSIONER IN CASE NO.R.A.30/2021-22 PRODUCED AS ANNEXURE-L 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 Heard Sri A.V.Gangadharappa, learned Counsel appearing for the petitioners and learned High Court Government Pleader appearing for the respondent-State. 2. In this writ petition, the petitioners are assailing the order dated 05.09.2022 in R.A.No.30/2021-22 (Annexure ‘L’) on the file of respondent No.2. - 3 - HC-KAR NC: 2025:KHC:24412 WP No. 22961 of 2022 3. Learned Counsel appearing for the petitioners invited the attention of this Court to the order dated 19.08.2021 in W.P.No.50774/2019 (Annexure ‘K’) and also the order sheet in the proceedings produced at Annexure ‘M’ and submitted that a fair opportunity has not been extended to the petitioners herein to make submission with regard to the land in question. 4. Per contra, learned High Court Government Pleader submitted that the written arguments have been filed before respondent No.2 by the petitioners herein and based on the same, the impugned order at Annexure ‘L’ is passed by respondent No.2. In that view of the matter, he sought for dismissal of the writ petition. 5. Having taken note of the submissions made by the learned Counsel for the parties, this Court vide order dated 19.08.2021 in W.P.No.50774/2019 (Annexure ‘K’) has directed respondent No.2 to pass appropriate orders after following the principles of natural justice. - 4 - HC-KAR NC: 2025:KHC:24412 WP No. 22961 of 2022 6. In that view of the matter, taking into consideration the order sheet produced at Annexure ‘M’ would indicate that a fair opportunity has not been extended to the petitioners herein as only five hearings have been conducted by respondent No.2 and on three occasions, there was no proceedings by respondent No.2. Therefore it is clear that a fair opportunity has not been extended to the petitioners herein. It is made clear that such practice by respondent No.2 is deprecated despite the order passed by this Court at Annexure ‘K’. 7. In that view of the matter, I find force in the submission made by the learned Counsel appearing for the petitioners. 8. In the result I pass the following: ORDER i) Writ petition is allowed. ii) The order dated 05.09.2022 in R.A.No.30/2021- 22 (Annexure ‘L’) passed by respondent No.2 - 5 - HC-KAR NC: 2025:KHC:24412 WP No. 22961 of 2022 is hereby set aside and the matter is remitted to respondent No.2 to consider the case of the petitioners afresh, in the light of the observations made by this Court in W.P.No.50774/2019 at Annexure ‘K’ and take decision in the matter in accordance with law. iii) It is made clear that a fair opportunity be extended to the parties before adjudicating the rights of the parties in accordance with law. iv) It is also made clear that this Court while disposing of the writ petition at Annexure ‘K’ has directed the respondent-authorities to restore the revenue entries existing pursuant to the registered sale deeds and also directed respondent No.2 to consider the case of the parties in accordance with law, and the same shall be done as expeditiously as possible. Sd/- (E.S.INDIRESH) JUDGE JT/- CT:SM