- 1 - NC: 2025:KHC:12168 WP No. 30668 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 30668 OF 2024 (KLR-RES) BETWEEN: 1. SRI.KALIDINDI RAMALINGA RAJU SO KALIDINDI PULLAM RAJU AGED 50 YEARS R/AT PLOT NO.2 AND 3, APT NO.402, SASI KIRAN ENCLAVE, KALYAN NAGAR, PHASE-1 HYDERABAD 5600038. 2. SRI KALIDINDI PULLAM RAJU AGED ABOUT 75 YEARS S/O ALLURI RAMAKRISHNA RAJU RAT UNUDURU VILLAGE UNDI MANDAL WEST GODAVARI DISTRICT ANDHRA PRADESH 534186. 3. SRI ALLURI VISHWANATHA RAJU AGED ABOUT 75 YEARS S/O ALLURI RAMAKRISHNA RAJU R/AT SUBRAMANYAM NIVAS KOPALLE VARI THOTA BALUSUMUDI BHIMAVARAM ANDHRA PARADESH 534202. 4. SRI ALLURI VENKATA RAMA RAJU AGED ABOUT 75 YEARS S/O A V L N RAJU R/AT DIRUSUMARRU VILLAGE BHIMAVARAM MANDAL ANDRA PARADESH 534239 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12168 WP No. 30668 of 2024 5. SRI V NARAYANA RAJU AGED ABOUT 53 YEARS S/O APPALA RAJU R/AT NO.6/138, CHINA AMIRAM, BHIMAVARAM MANDAL ANDHRA PRADESH 534202. …PETITIONERS (BY MISS. YUKTHA.N., FOR SRI. MITHUN.G.A, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS UNDER SECRETARY TO THE DEPARTMENT FO REVENUE M S BUILDING BENGALURU 560001. 2. SPECIAL DEPUTY COMMISSIONER KEMPEGOWDA ROAD BEHIND KANDAYA BHAVANA BENGALURU DISTRICT 560009 3. TAHSILDAR BENGALRUU NORTH ADDL. TALUK, YELAHANKA BENGALURU 560010. 4. SRI J PRITIVIRAJ REDDY SO SRIRAMAREDDY AGED MAJOR RA/T HUTTANAHALLIN, JALA HOBLI, BENGALURU NORTH ADDL. TALUK 562157 …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA FOR R-1 TO R-3; SRI. A.T.JAYARAM., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD. 30.11.2009 PASSED BY THE R-2 IN CASE NO. RRT/2/NA/CR/88/08-09 VIDE ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:12168 WP No. 30668 of 2024 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The order passed by the Deputy Commissioner under Section 136(3) of the Karnataka Land Revenue Act, 1964 (for short, referred to as "the Act") is called in question by way of this writ petition. 2. The proceedings under Section 136(3) of the Act were initiated to examine the correctness of the entries, which were standing in the name of the 4th respondent (petitioners' vendor) in respect of land bearing Sy.No.73/P2 measuring 1 acre 27 guntas situate at Huttanahalli, Jala Hobli, Bengaluru North Additional Taluk. 3. The Deputy Commissioner has, by the impugned order, held that the land in question was a gomal land and there were no land grant records forthcoming and has also directed the Tahsildar to - 4 - NC: 2025:KHC:12168 WP No. 30668 of 2024 delete the name of the 4th respondent from the beginning and enter the name of the Government. 4. The learned counsel for the petitioners points out that the notice of these proceedings were never served either on the 4th respondent i.e., the vendor of the petitioners, or on the petitioners and the notice was actually served by affixing the copy of the same on the land in question. She submits that the petitioners were in fact residents of Andhra Pradesh and therefore this mode of service adopted by the Special Deputy Commissioner was illegal. 5. In light of the fact that the petitioners and the 4th respondent have not been served with the copy of the notice by RPAD at the address mentioned by them in the Sale Deed, it is obvious that the mode of service of notice adopted by the Deputy Commissioner cannot be sustained. Consequently, the impugned order is set aside and the Deputy Commissioner shall conduct the proceedings afresh. - 5 - NC: 2025:KHC:12168 WP No. 30668 of 2024 6. The Writ Petition is accordingly allowed. 7. Since the petitioners and the 4th respondent are represented before this Court, they are directed to appear before the Special Deputy Commissioner - 2nd respondent herein on 22.04.2025 without expecting any further notice. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 75