- 1 - HC-KAR NC: 2025:KHC:25929 WP No. 49484 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 49484 OF 2016 (KLR-LG) BETWEEN: 1. SRI. H B SHIVALINGAIAH S/O. BUDDAIAH @ RAMAIAH, MAJOR, R/O. HEROHALLI, KUNIGAL TALUK, CHOWDANAKOPPA POST, TUMKUR DISTRICT - 572 101. …PETITIONER (BY SRI. THILAK RAJ S V, ADVOCATE FOR SRI H N BASAVARAJU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPT OF REVENUE, M.S. BUILDING, BANGALORE 560001 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR 572 101 3. THE ASSISTANT COMMISSIONER TUMKUR SUB DIVISION, TUMKUR 572 101 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25929 WP No. 49484 of 2016 4. THE TAHSILADAR KUNIGAL TALUK, KUNIGAL, TUMKUR DISTRICT 572 101 5. THE KARNATAKA APPELLATE TRIBUNAL BY ITS SECRETARY, MULTISTORIED BUILDING, BANGALORE 560001 6. SRI. SHIVARUDRAIAH, S/O. NANJUNDAIAH, MAJOR, R/O. HEROHALLI, KUNIGAL TALUK, HULIYURUDURGA HOBLI, CHOWDANAKUPPE POST, TUMKUR DISTRICT 7. SRI. GANGADHARA H M S/O. LATE. MUDDALINGAIAH, MAJOR, R/O. HEROHALLI, KUNIGAL TALUK, HULIYURUDURGA HOBLI, CHOWDANAKUPPE POST, TUMKUR DISTRICT 8. SRI. VENKATACHALA S/O. H.M. VENKATAPPA, MAJOR, RESPONDENTS 6 TO 8 ARE THE R/O. HEROHALLI, KUNIGAL TALUK, HULIYURUDURGA HOBLI, CHOWDANAKUPPE POST, TUMKUR DISTRICT 572 101 …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 TO R5; SRI N SHIVAKUMAR, ADVOCATE FOR R6 & R8; - 3 - HC-KAR NC: 2025:KHC:25929 WP No. 49484 of 2016 V/O DTD. 29.03.2019 WP STANDS DISMISSED AS AGIANST R7) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYNG TO QUASH THE ORDER DATED 02.01.2012 PASSED BY R-2 IN CASE NO.LND(TMK)CR.04/1994-95 AT ANNEX-P AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 02.01.2012 (Annexure 'P') passed by respondent No.2 in LND (TMK) CR 04/94-95. 2. Heard the learned counsel for the parties. 3. It is contended by the learned counsel appearing for the petitioner by referring to the order sheet maintained by the respondent No.2 that after the matter was reserved for judgment on 30.10.2006, without issuing any notice to the petitioner, the case was taken up on 04.09.2009 and thereafter disposed of on 02.01.2012 as per Annexure 'P' and as such, he invited the attention of - 4 - HC-KAR NC: 2025:KHC:25929 WP No. 49484 of 2016 the Court to the order dated 05.07.1999 (Annexure 'H') in WP No.21505/1996 and accordingly sought for interference by this Court. 4. Learned HCGP and the learned counsel for the respondents sought to justify the impugned order. 5. In the light of the submission made by the learned counsel appearing for the parties, I have carefully examined the direction issued by this Court at paragraph No.9 in WP No.21505/1996 dated 05.07.1999 which reads as under: " 9. The restoration of the earlier order as prayed for in para - B of the writ petition namely Annexure - A shall await the findings to be rendered by the Deputy Commissioner after finding out; i) whether the petitioner's family really surrendered 5 acres of land; ii) if it is acquisition whether they have obtained the compensation or given up the same; iii) whether the Government has thought fit to grant the land which is said to be 'GUNDUTHOPU' in lieu of the voluntary and magnanimous gesture of the petitioner's family; iv) if it is not 'GUNDUTHOPU' whether the petitioner is entitled to any other land in view of the alleged gesture spoken to in the writ petition." - 5 - HC-KAR NC: 2025:KHC:25929 WP No. 49484 of 2016 6. In the backdrop of the direction issued by this Court, on careful examination of the order sheet maintained by the respondent No.2 at Annexure 'N' makes it clear that the revision petition was reserved for orders on 30.10.2006 and thereafter no orders was passed till 02.01.2012. It is made clear that, for nearly three years from 30.10.2006 to 04.09.2009 no action has been taken by respondent No.2 in the said proceedings. In that view of the matter, I am of the view that the submission made by the learned counsel appearing or the petitioner has to be accepted as fair opportunity has not been extended to the petitioner herein. In that view of the matter, I pass the following - ORDER 1. The writ petition is allowed. 2. The order dated 02.01.2012 (Annexure P) passed by the respondent No.2 is hereby set aside and the matter is remitted to the respondent No.2 to re-consider the issue afresh by considering the direction issued by - 6 - HC-KAR NC: 2025:KHC:25929 WP No. 49484 of 2016 this Court in WP No.21505/1996 dated 05.07.1999 (Annexure H) in accordance with law. 3. In order to avoid further delay in the proceedings, since the parties are represented through their learned counsel, the parties are directed to appear before the respondent No.2 on 11.08.2025 at 3.00 p.m. and on their appearance, the respondent No.2 is directed to dispose of the petition at the earliest. SD/- (E.S.INDIRESH) JUDGE YKL List No.: 1 Sl No.: 50