- 1 - HC-KAR NC: 2025:KHC:21792 WP NO.30847 OF 2024 C/W WP NO.30164 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.30847 OF 2024 (KLR-RES) C/W WRIT PETITION NO.30164 OF 2024 (KLR-RR/SUR) IN WP NO.30847/2024 BETWEEN: SRI. SRIKANTA S/O LATE SHIVEGOWDA, AGED ABOUT 51 YEARS, R/AT BELAGOLA VILLAGE AND HOBLI, SRIRANGAPATNA TALUK, MANDYA - 571 606. …PETITIONER (BY SRI. SHRIDHARA K., ADVOCATE) AND: 1. DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA - 571 401. 2. ASSISTANT COMMISSIONER PANDAVAPURA SUB-DIVISION, PANDAVAPURA, MANDYA DISTRICT - 571 434. 3. THE TAHSILDAR SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21792 WP NO.30847 OF 2024 C/W WP NO.30164 OF 2024 4. REVENUE INSPECTOR BELAGOLA CIRCLE, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438. 5. VILLAGE ACCOUNTANT BELAGOLA NADA KACHARI, SRIRANGAPATNA TALUK, MANDYA - 571 606. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 28TH SEPTEMBER, 2015 PASSED BY THE RESPONDENT NO.1 IN REVISION PETITION NO.61/2013 VIDE ANNEXURE-G; QUASH THE ORDER DATED 18TH FEBRUARY, 2010 PASSED BY THE RESPONDENT NO.2 IN CASE NO. RRT(2)44/2009-10 VIDE ANNEXURE-F; AND ETC. IN WP NO.30164/2024 BETWEEN: BASAVARAJU S/O VENKATEGOWDA AGED ABOUT 50 YEARS, R/AT BELAGOLA VILLGE AND HOBLI, SRIRANGAPATNA TALUK, MANDYA - 571 606. ...PETITIONER (BY SRI. SHRIDHARA K., ADVOCATE) AND: 1. DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA - 571 401. 2. ASSISTANT COMMISSIONER PANDAVAPURA SUB-DIVISION, PANDAVAPURA, MANDYA DISTRICT - 571 434. - 3 - HC-KAR NC: 2025:KHC:21792 WP NO.30847 OF 2024 C/W WP NO.30164 OF 2024 3. THE TAHSILDAR SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 434. 4. REVENUE INSPECTOR BELAGOLA CIRCLE, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438. 5. VILLAGE ACCOUNTANT BELAGOLA NADA KACHARI, SRIRANGAPATNA TALUK, MANDYA - 571 606. ...RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 28TH SEPTEMBER, 2015 PASSED BY THE RESPONDENT NO.1 IN REVISION PETITION NO.6O/2013 VIDE ANNEXURE-E; QUASH THE ORDER DATED 18TH FEBRUARY, 2010 PASSED BY THE RESPONDENT NO.2 IN CASE NO. RRT(2)44/2009-10 VIDE ANNEXURE-D; AND ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER The petitioner in Writ Petition No.30847 of 2024 is challenging the order dated 28th September, 2015 (Annexure-G) passed by the respondent No.1-Deputy Commissioner in Revision Petition No.61 of 2013 and order dated 18th February, - 4 - HC-KAR NC: 2025:KHC:21792 WP NO.30847 OF 2024 C/W WP NO.30164 OF 2024 2010 (Annexure-F) passed by the respondent No.2-Assistant Commissioner in case No.RRT(2)44/2009-10. 2. The petitioner in Writ Petition No.30164 of 2024 is challenging the order dated 28th September, 2015 (Annexure-E) passed by the respondent No.1-Deputy Commissioner in Revision Petition No.60 of 2013 and order dated 18th February, 2010 (Annexure-D) passed by the respondent No.2-Assistant Commissioner in case No.RRT(2)44/2009-10. 3. Heard Sri. Shridhara K., learned counsel appearing for petitioners and Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents. 4. The principal argument of Sri. Shridhara K, learned counsel appearing for petitioners in respect of the petitioner in Writ Petition No.30847 of 2024 is that the land in question bearing Survey No.1081/P1 measuring to an extent of 33 guntas situate at Belagola Village, Srirangaptna Taluk, Mandya District has been granted in favour of the mother of the petitioner and accordingly, the revenue records have been mutated in favour of the mother of the petitioner. - 5 - HC-KAR NC: 2025:KHC:21792 WP NO.30847 OF 2024 C/W WP NO.30164 OF 2024 5. Similarly, the argument of the learned counsel appearing for petitioners in respect of the petitioner in Writ Petition No.30164 of 2024 is that the land in question bearing Survey No.1081/P2 measuring to an extent of 8 guntas situate at Belagola Village, Srirangapatna Taluk, Mandya District has been acquired under the Scheme of Best Agriculturist and accordingly, the revenue records have been mutated in favour of the petitioner. 6. Sri. Sridhara K., learned counsel appearing for the petitioners contended that respondent-Authorities have initiated suo moto proceedings in respect of the land in question and without hearing to the petitioners, passed the impugned orders, which requires to be interfered with in these writ petitions. 7. Smt. Navya Shekar, learned Additional Government Advocate appearing for respondents sought to justify the impugned orders passed by the respondent-Authorities. 8. Having taken note of the submission made by learned counsel appearing for the parties, it is not in dispute that the land bearing Survey No.108/P1 measuring to an extent of 33 guntas situate at Belagola Village, Srirangapatna Taluk - 6 - HC-KAR NC: 2025:KHC:21792 WP NO.30847 OF 2024 C/W WP NO.30164 OF 2024 has been granted in favour of the mother of the petitioner in Writ Petition No.30847 of 2024 and the land bearing Survey No.108/P2 measuring to an extent of 8 guntas situate at Belagola Village, Srirangapatna Taluk has been granted in favour of the petitioner in Writ Petition No.30164 of 2024 and thereafter, the revenue records have been mutated and RTC extracts have been issued as per Annexure-B. In that view of the matter, the change of mutation by the respondent- Authorities, suo moto, without hearing to the petitioners, amounts to violation principles of natural justice. Therefore, I find force in the submission made by learned counsel appearing for petitioners that the impugned orders are required to be set- aside and matter be remitted back to the respondent No.2- Assistant Commissioner to reconsider the issue afresh and take decision, after affording an opportunity of hearing to the petitioners herein. Accordingly, I pass the following: O R D E R 1) Writ Petitions are allowed; 2) Order dated 28th September, 2015 (Annexure-G) passed by the respondent No.1 in Revision Petition No.61/2013 and - 7 - HC-KAR NC: 2025:KHC:21792 WP NO.30847 OF 2024 C/W WP NO.30164 OF 2024 order dated 18th February, 2010 (Annexure- F) passed by the respondent No.2 in Case No.RRT(2)44/2009-10 insofar as the petitioner in Writ Petition No.30847 of 2024 are hereby set-aside; 3) Order dated 28th September, 2015 (Annexure-E) passed by the respondent No.1 in Revision Petition No.60/2013 and order dated 18th February, 2010 (Annexure- D) passed by the respondent No.2 in Case No.RRT(2)44/2009-10 insofar as the petitioner in Writ Petition No.30164 of 2024 are hereby set-aside; 4) The matter is remitted back to the respondent No.2-Assistant Commissioner to reconsider the issue afresh, after affording an opportunity of hearing to the petitioners in accordance with law. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 26