- 1 - NC: 2025:KHC:14676 WP No. 33379 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33379 OF 2024 (KLR-RES) BETWEEN: 1. SRI HASAN SAB SO. LATE. ABDUL MASJID AGED ABOUT 65 YEARS, 2. SRI. ZIAULLA SINCE DECEASED BY HIS LRS., SMT. NASEEMA BANU, D/O. LATE ZIAULLA, W/O. JABEEULLA, AGED ABOUT 33 YEARS, 3. SMT. ARSHIYA D/O. LATE ZIAULLA, W/O. CHAND PASHA, AGED ABOUT 28 YEARS, 4. SMT. ASIYYA D/O. LATE ZIAULLA, AGED ABOUT 29 YEARS, PETITIONER No.1 TO 4 ARE R/AT KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK. BANGALORE-560 061. …PETITIONERS (BY SMT. GOWHAR UNNISA., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14676 WP No. 33379 of 2024 AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA DR.AMBEDKAR ROAD BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE-560 009. 3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION KHANDAYA BHAVANA K.G. ROAD, BANGALORE-560 009. 4. THE TAHSILDAR BANGALORE SOUTH TALUK KHANDAYA BHAVANA, K.G. ROAD BANGALORE-560 009. 5. SMT. BATHULLA BI D/O. LATE. GAFOOR SAB SINCE DEAD BY LRS, SRI. ZABIULLA, S/O. LATE BATHULLA BI AGED ABOUT 38 YEARS 6. SMT. AYESHA BHANU D/O. LATE BATHULLA BI AGED ABOUT 30 YEARS BOTH ARE R/AT No.124, MUSLIM BLOCK, ANEKAL MAIN ROAD, 2ND DIVISION, NEAR DODDA MASJID, HAROHALLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 135. …RESPONDENTS - 3 - NC: 2025:KHC:14676 WP No. 33379 of 2024 (BY SRI. V. SHIVA REDDY., AGA FOR R-1 TO R-4; SRI. NAVEED AHMED, ADVOCATE FOR C/R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE OFFICE OF THE R-2 PERTAINING TO THE IMPUGNED ORDER DTD 09.06.2024 IN R.P NO. 462/2017-18 IN SY NO. 302/3, MEASURING 2 ACRES - 39 GUNTAS AS ANNEXURE-A TO THIS WP, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed challenging the order passed by the Deputy Commissioner under Section 136(3) of the Karnataka Land Revenue Act. 2. It is pointed out that the Deputy Commissioner has passed the order after making an observation that the petitioners had not filled any objections nor had filed any written arguments and were always constantly absent. - 4 - NC: 2025:KHC:14676 WP No. 33379 of 2024 3. In other words, it is clear from the order that the Deputy Commissioner has passed the impugned order without actually hearing the petitioners. 4. Learned counsel also points out that the petitioner's counsel was no more and, hence, there was no representation. 5. In that view of the matter, in my view, it would be appropriate to set aside the order of the Deputy Commissioner and remand the matter of the Deputy Commissioner by directing the Deputy Commissioner to consider the matter afresh after hearing the petitioners. 6. Since both the parties are represented before this Court, they directed to be present before the Deputy Commissioner on 06.05.2025 to take further instructions. 7. This petition is accordingly allowed. - 5 - NC: 2025:KHC:14676 WP No. 33379 of 2024 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 13