- 1 - NC: 2025:KHC:1247 WP No. 347 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 347 OF 2025 (KLR-RES) BETWEEN: 1. SRI. V. MUNIRAJU S/O LATE VENKATARAYAPPA AGED ABOUT 52 YEARS RESIDING AT WARD NO.1 VENKATAGIRI KOTE, CHINATAMANI TOWN CHIKKABALLAPURA DISTRICT PIN CODE-563 125. …PETITIONER (BY SRI. NARAYANA SWAMY .V.K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-563 125. 3. DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-563 125. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1247 WP No. 347 of 2025 R-3/DEPUTY COMMISSIONER TO RECONSIDER THE R.A NO. 117/2024-25 FILED BY THE PETITIONER UNDER SEC. 136(3) OF THE KARNATAKA LAND REVENUE ACT AND THE RULES THEREUNDER BY SETTING ASIDE ORDERS DTD 28.11.2024 AT ANNX-C IN ACCORDANCE WITH LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is aggrieved by the endorsement issued by respondent No.3/Deputy Commissioner dated 28.11.2024. 2. On an appeal filed by the petitioner in R.A.No.117/2024-25, the Deputy Commissioner has issued the impugned endorsement and has declined to entertain the appeal on the ground that the matter is seized before this Court in W.P.No.20048/2022 and there is an order of status-quo. 3. Learned counsel appearing for the petitioner has filed a memo and has placed on record the order passed by the Co-Ordinate Bench in W.P.No.20048/2022. Citing this judgment, he would point out that the main matter is disposed of and therefore, the impugned - 3 - NC: 2025:KHC:1247 WP No. 347 of 2025 endorsement is not sustainable and the same is liable to be set aside in the light of the directions issued by the Co- Ordinate Bench in the above cited judgment. 4. Upon careful examination of the order passed by the Co-ordinate Bench in W.P. No. 20048/2022, it is evident that the primary issue raised in the earlier writ petition has been conclusively adjudicated and the matter stands disposed of. Consequently, respondent No. 3, the Deputy Commissioner, is now required to address and decide the appeal on its merits without being hindered by any procedural impediments. In light of the judgment of the Co-ordinate Bench, the impugned endorsement loses its validity and cannot be sustained under law. Therefore, it no longer survives for consideration. 5. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. - 4 - NC: 2025:KHC:1247 WP No. 347 of 2025 (ii) The impugned endorsement dated 28.11.2024 vide Annexure-C is hereby set aside. (iii) Respondent No.3/Deputy Commissioner shall decide the appeal pending in R.A.No.117/2024-25 in accordance with law after notifying all interested parties. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 27