- 1 - NC: 2025:KHC:17882 WP No. 23864 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 23864 OF 2022 (KLR-RES) BETWEEN: SRI. NARAYANA NAIK S/O LATE NAGANAIK AGED ABOUT 39 YEARS R/AT MUDIGERE KAVAL VILLAGE SIRA TALUK-572137. TUMKURU DISTRICT …PETITIONER (BY SRI. SAMEER .S.N, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER MADHUGIRI SUB DIVISION TUMKUR DISTRICT-572175. 2. TEH TAHSILDAR SIRA TALUK-572137 SIRA, TUMKUR DISTRICT 3. SRI. NAGARAJA .N S/O LATE NAGANAIK AGED ABOUT 33 YEARS AGRICULTURIST R/AT MUDIGERE KAVAL VILLAGE SIRA TALUK, TUMKURU DISTRICT-572137. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2; SRI. S.V. BHOJARAJA, ADVOCATE FOR R3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17882 WP No. 23864 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEXURE-A -THE ORDER PASSED BY THE R1-THE ASSISTANT COMMISSIONER, MADHUGIRI SUB-DIVISION, MADHUGIRI, TUMKUR DISTRICT IN RRT (A) (S)1/2019-20 DATED 21.09.2022 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. Though there is an alternative remedy available against the order impugned, having regard to the facts and circumstances of this case, in my view, it would be appropriate to exercise the writ jurisdiction in this case. 2. As appeal was preferred under Section 136(2) of the Karnataka Land Revenue Act, 1964 by respondent No.4. In this appeal, as per the order sheet that is produced as per Annexure-F, the matter was adjourned fro 03.08.2022 to 07.11.2022. However, on 07.08.2022 there is a noting in the ordersheet that, the case was called and the matter was posted - 3 - NC: 2025:KHC:17882 WP No. 23864 of 2022 for ‘Orders’ and there is another noting on 21.09.2022 on which date the orders were pronounced allowing the appeal. 3. This would indicate that the case has been preponed, obviously even without an application for preponement being filed and without serving a copy on the respondent. If the matter is posted to 07.11.2022, the Assistant Commissioner could not have taken the matter, out of turn, in the month of August 2022 and pass on order in September 2022. Since the impugned order has been passed in gross violation of principles of natural justice, in my view, it would be appropriate to quash Annexure-A and remand the matter to the Assistant Commissioner with a direction to the Assistant Commissioner to consider the appeal afresh after hearing both the parties. This Writ Petition is, accordingly, allowed. 4. Since the parties are represented before this Court, they are directed to appear before the Assistant - 4 - NC: 2025:KHC:17882 WP No. 23864 of 2022 Commissioner on 03.06.2025 and take further instructions. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 47