Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42881-DB WA No. 585 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.585 OF 2022 (LB-RES)
BETWEEN:
1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT PODIUM BLOCK V V TOWER, DR. AMBEDKAR VEEDHI BENGALURU-560 001. 3. THE TAHSILDAR DEVANAHALLI TALUK DEVANAHALLI BENGALURU RURAL DISTRICT-562 110. …APPELLANTS (BY SMT. PRAMODHINI KISHAN, AGA)
AND:
1. SRI M JAGANATH S/O MUNIRAJU AGED ABOUT 41 YEARS R/AT WARD NO.20
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:42881-DB WA No. 585 of 2022
PUTTAPPANA GUDI BEEDI DEVANAHALLI TOWN BENGALURU RURAL DISTRICT-562 110. 2. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL DEVANAHALLI TOWN BENGALURU RURAL DISTRICT-562 110. 3. SRI RANGANATHA SWAMY TEMPLE REP. BY ITS SECRETARY SRI GOPALAPPA DEVANAHALLI TOWN BENGALURU RURAL DISTRICT-562 110. …RESPONDENTS (BY SRI. VIJAY KUMAR K.,ADV. FOR R1;
SRI. NAGARAJ S. JAIN, ADV. FOR R2;
R3 - SERVICE OF NOTICE IS DISPENSED WITH V.C.O. DT:15.10.2025)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE HIGH COURT ACT, 1961, PRAYING TO A) CALL FOR THE RECORDS IN W.P.No.117/2024; B) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 31.05.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.117/2014(LB). THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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HC-KAR NC: 2025:KHC:42881-DB WA No. 585 of 2022
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Heard the learned counsel appearing on either side. 2. This appeal is filed against the order dated 31.05.2021 in Writ Petition No.117/2014, wherein the learned Single Judge has held that the orders passed by appellant No.2- Deputy Commissioner, Bengaluru Rural District, on 26.05.2006 and communicated to the Chief Officer of the Municipal Council, Devanahalli Town as well as the Endorsement at Annexure-G dated 02.08.2013 are liable to be struck down on the ground that there is no compliance with the principles of natural justice. 3.
On an examination of the orders which are under challenge, we also notice that there is no notice issued to the writ petitioners before the findings have been entered either by the Deputy Commissioner or by the Municipal Council. 4. In the above view of the matter, we are of the opinion that there is no error in the order of the learned Single Judge in stating that the orders are vitiated by want of
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HC-KAR NC: 2025:KHC:42881-DB WA No. 585 of 2022
adherence to the principles of natural justice. We find no error in the judgment, which is liable to be corrected in this intra-court appeal. The writ appeal therefore fails, the same is accordingly dismissed. However, we observe that the orders have been set aside on the ground of violation of principles of natural justice and the merits of the contentions have not been considered by the learned Single Judge or by this Court in this appeal. It would therefore be open for the competent respondents to take appropriate steps in accordance with law, after complying with the principles of natural justice, if such action is legally warranted. Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
RAK List No.: 1 Sl No.: 13