Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18985 WP No. 29723 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.29723 OF 2024 (KLR-RES)
BETWEEN:
SMT. VASANTHALAKSHMI W/O UMESH K C, AGED ABOUT 34 YEARS, NO.64, KITTHANA HALLI VILLAGE, BANGALROE NORTH TALUK, BANGALORE URBAN DISTRICT - 562130. …PETITIONER (BY SRI. KISHORE B.M., ADVOCATE FOR SRI. A. NAGARAJAPPA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER KHANDAYA BHAVANA, K.G.ROAD, BANGALORE URBAN DISTRICT, BENGALURU - 560001.
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:18985 WP No. 29723 of 2024
3.
THE TAHSILDAR BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT - 560001.
…RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.07.2024 ISSUED BY THER RESPONDENT NO.3 IN NO. ALN(AaBa)/CR/28/2021.22 IN SO FAR AS THE BUILDING PREMISES OF THE PETITIONER IN SITE NO. 23 OF THE LAYOUT FORMED IN LANDS IN SY NO. 7/1, 7/2, 7/4 AND 7/5 MEASURING 30 X 40 OF GATTISIDDANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT MARKED AT ANNEXURE- F.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. This writ petition is filed by the petitioner challenging the
order passed by respondent No.3, bearing
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HC-KAR NC: 2025:KHC:18985 WP No. 29723 of 2024
No.ALN(AaBa)/CR/28/2021.22, dated 29.07.2024, produced at Annexure-F to the writ petition.
2. It is contended by the learned counsel appearing for the petitioner that, the impugned order is liable to be set aside on the ground of principle of natural justice, as no fair opportunity has been extended to the petitioner.
3. Per contra, Sri. Siddarth Baburao, learned Additional Government Advocate submitted by referring to Annexure-F that notice dated 19.09.2023 was issued to the petitioner directing to furnish the relevant documents in respect of the subject land, however, despite having directed the same, the petitioner herein has not approached the respondent No.3 and therefore, sought for dismissal of the writ petition.
4. In the light of the submissions made by the learned counsel appearing for the parties, and also taking into account the grounds urged in the memorandum of writ petition, I am of the view that, a fair opportunity be extended to the petitioner to furnish the relevant documents to respondent No.3, to take decision in the matter afresh.
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HC-KAR NC: 2025:KHC:18985 WP No. 29723 of 2024
5. In the result, I pass the following:
ORDER
(i) The Writ Petition is allowed.
(ii) The Order bearing No.ALN(AaBa)/CR/28/2021.22, dated 29.07.2024, dated 29.07.2024, passed by respondent No.3 at Annexure-F is hereby quashed and the petitioner is hereby directed to approach respondent No.3 with relevant documents within three weeks from the date of receipt of certified copy of this order.
(iii) It is made clear that, if the petitioner fails to approach respondent No.3 as mentioned above, the impugned
order at Annexure-F will revive.
SD/- (E.S.INDIRESH) JUDGE
sac List No.: 1 Sl No.: 36