- 1 - NC: 2025:KHC-D:3006 WP No. 103132 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103132 OF 2022 (GM-RES) BETWEEN: SRI. SURESH S/O. CHANDRAIAH SWAMY, AGED ABOUT 34 YEARS, R/O: 16TH WARD, ASHRAYA COLONY, SIRUGUPPA CITY AND TALUK, BALLARI DISTRICT PRESENLTY RESIDING AT BESIDE MAHALAKSHMI TEMPLE, 9TH WARD, M.P. PRAKASH NAGAR, HOSAPTE POST AND TALUK, VIJAYANAGARA DISTRICT- 583 201. …PETITIONER (BY SRI SATHISH M. S., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, CUM DISTRICT MAGISTRATE, THE APPELLATE TRIBUNAL, VIJAYANAGARA – 583201. 2. THE SUB-DIVISIONAL MAGISTRATE/ ASSISTANT COMMISSIONER, HOSAPETE, OFFICE OF ASSISTANT COMMISSIONER, HOSAPETE – 583201. 3. THE TAHSILDAR, HOSAPETE – 583201. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3006 WP No. 103132 of 2022 4. SMT. BEGUM BEE W/O. LATE. MABUSAB, AGED. MAJOR, C/O. ANSAR, KENCHAGARPETH, BALLARI ROAD, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. 5. SMT. ATIYA BEGUM W/O. LATE N. VALI BASHA, AGED: MAJOR, R/O. VARAKERI, CHITTAWADAGI, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. 6. SMT. SHALU BEGUM D/O. LATE N. VALI BASHA, AGED. MAJOR, R/O. VARAKERI, CHITTAWADAGI, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. 7. SRI. N. MANSUR ALI S/O. LATE N. VALI BASHA, AGED MAJOR, R/O VARAKERI, CHITTAWADAGI, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. 8. SRI. N. AFROJ S/O. LATE N. VALI BASHA, AGED. MAJOR, R/O VARAKERI, CHITWADGI, HOSAPETE, AT PRESENT RESIDING AT NEAR AMARJYOTHI HOSPITAL, 22ND WARD, 1ST CROSS, J.P.NAGAR, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. - 3 - NC: 2025:KHC-D:3006 WP No. 103132 of 2022 9. SMT. NILOFAR W/O. SADIQ, AGED. MAJOR, R/O. URAMMA BAILU, BALLARI ROAD, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. 10. SMT. ZUBEDA BEGUM W/O. LATE NALABANDI MABUSAB, AGED. MAJOR, R/O. VARAKERI, CHITWADGI, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. 11. SMT. KHAMARUNNISA BEGAM, AGED. MAJOR, R/O. BALLARI ROAD, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. 12. SMT. KUBRA BATHULA D/O. SHAMSHAD BEGUM, AGED. MAJOR, CHITWADGI, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. 13. SMT. ASIA BEGAUM D/O. SHAMSHAD BEGUM, AGED. MAJOR, CHITWADGI, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. 14. SMT. GOUSIYA BEGAUM D/O. SHAMSHAD BEGUM, AGED. MAJOR, CHITWADGI, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. - 4 - NC: 2025:KHC-D:3006 WP No. 103132 of 2022 15. SRI. JEELAN BASHA S/O. SHAMSHAD BEGUM, AGED. MAJOR, CHITWADGI, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. 16. SMT. WAHIDA, AGED. MAJOR, R/O. URAMMA BAILU, BALLARI ROAD, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. 17. SMT. ZEENATH, AGED MAJOR, R/O. URAMMA BAILU, BALLARI ROAD, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. 18. SMT. RAHAMATH BEE AGED. MAJOR, R/O. KANCHAGARPETH, HOSAPETE POST & TALUK, VIJAYANAGARA DISTRICT – 583201. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R3, KUMARI. RANJITHA G. ALAGWADI, ADVOCATE FOR R4, SRI Y. LAKSHMIKANT REDDY, ADVOCATE FOR R10, R11, R14, R16, R17, R18, SRI ANAND R. KOLLI, ADVOCATE FOR R5 TO R9, NOTICE TO R12, R13 AND R15 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO I) ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION BY QUASHING THE IMPUGNED ORDER PASSED BY RESPONDENT NO.2 BEARING NO. ¸ÀA.PÀA:».£Á.C¦Ã®Ä:01.2021-22, DATED 29-12-2021 VIDE - 5 - NC: 2025:KHC-D:3006 WP No. 103132 of 2022 ANNEXURE-F, IN SO FAR AS THE PETITION SCHEDULE MENTIONED PROPERTY PERTAINING TO PETITIONER. II) ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION BY QUASHING THE IMPUGNED ORDER PASSED BY RESPONDENT NO.1 BEARING NO. ¸ÀA.PÀA/»/£Á/ªÉÄîä£À«/02/2022-23 DATED 24-06-2022, VIDE ANNEXURE-H IN SO FAR AS THE PETITION SCHEDULE MENTIONED PROPERTY PERTAINING TO PETITIONER. ISSUE ANY OTHER APPROPRIATE ORDER OR ORDERS IN ANY NATURE, AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayers: i) Issue Writ of Certiorari or any other appropriate writ order or direction by quashing the impugned order passed by respondent no.2 bearing no. ¸ÀA.PÀA:».£Á.C¦Ã®Ä::01.2021-22, dated 29-12-2021 vide ANNEXURE-F, in so far as the petition schedule mentioned property pertaining to petitioner. ii) issue writ of certiorari or any other appropriate writ order or direction by quashing the impugned order passed by respondent no.1 bearing no. - 6 - NC: 2025:KHC-D:3006 WP No. 103132 of 2022 ¸ÀA.PÀA/»/£Á/ªÉÄîä£À«/02/2022-23 dated 24-06-2022, vide ANNEXURE-H in so far as the petition schedule mentioned property pertaining to petitioner. iii) Issue any other appropriate order or orders in any nature, as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity. 2. Heard Sri Satish M.S., learned counsel for petitioner and Sri Sharad V. Magadum, learned AGA for respondents No.1 to 3, Miss Ranjita G. Alagawadi, learned counsel for respondent No.4, Sri Anand R. Kolli, learned counsel for respondents No.5 to 9 and Sri Y. Lakshmikant Reddy, learned counsel for respondents No.10, 11, 14, 16, 17, 18. 3. Facts in brief germane are as follows: The 4th respondent owned certain property by way of “varadi”. The entries are transferred in the name of respondents No.5 to 9. Respondents No.5 to 9 execute a sale deed in favour of the present petitioner on 11.02.2021. Pursuant to the sale deed, the entries are - 7 - NC: 2025:KHC-D:3006 WP No. 103132 of 2022 changed in favour of the present petitioner qua subject property. 4. It transpires that the 4th respondent then approaches the Assistant Commissioner seeking maintenance against all her children and grandchildren. This comes to be allowed by the Assistant Commissioner on 29.12.2021 by taking away the right that is accrued to the present petitioner, who was not made a party to the proceedings before the concerned Court. The petitioner then prefers an appeal before the Deputy Commissioner. The Deputy Commissioner also confirms the order passed by the Assistant Commissioner. Therefore, the petitioner is before this Court in the subject petition. 5. Learned counsel submits that the petitioner was in possession of the property and the 4th respondent being fully aware of the possession of the petitioner of the subject property, ought to have made the present petitioner party to the proceedings, as rights of the petitioner is taken away by the order of the Assistant - 8 - NC: 2025:KHC-D:3006 WP No. 103132 of 2022 Commissioner. The same is repeated by the Deputy Commissioner. He would seek quashment of both the orders. 6. The learned counsel appearing for the respondents would seek to defend the action by contending that the senior citizen/4th respondent, who by way of a varadi, had transferred in favour of respondents No.5 to 9, is today left in the lurch. Be those submissions as they are. 7. The issue now revolves around in a narrow compass. It is an admitted fact that the 4th respondent approaches the Assistant Commissioner on 23.02.2021. An order comes to be passed on 29.12.2021, by which, the petitioner, who had come in possession of the property, as on the date of filing of the petition before the Assistant Commissioner the petitioner, ought to have been made party to those proceedings. In the light of the order admittedly passed against the petitioner and him not being a party to the proceedings, the order is in blatant violation - 9 - NC: 2025:KHC-D:3006 WP No. 103132 of 2022 of principles of natural justice. Therefore, without going into the merit of the claim or the defence of any of the respondents, I deem it appropriate to set aside the orders and remit the matter back to the hands of the Assistant Commissioner to pass necessary orders in accordance with law after hearing all the parties to the lis. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 11