- 1 - HC-KAR NC: 2025:KHC:49570 WP No. 35174 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 35174 OF 2025 (KLR-RES) BETWEEN: 1. SRI BAJJANNA @ BAJJAIAH @ ERABHAIRAPPA S/O LATE BHAIRANNA @ BHAIRAIAH @ BHAIRAPPA AGED ABOUT 75 YEARS R/AT NO.40, BANNIKUPPE GANAKALLU, BIDADI HOBLI RAMANAGARAM-562 109 … PETITIONER (BY SRI. SRIKANTH M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FINANCE, M S BUILDING AMBEDKAR VEEDHI BENGALURU-560 001 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49570 WP No. 35174 of 2025 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB DIVISION RAMANAGARAM-571 511 3. TAHSILDAR RAMANAGARA TALUK RAMANAGARAM-571 511 4. SRI K T MADALAIAH S/O THIMMAPPA AGED ABOUT 80 YEARS, 5. SRI K T SHIVANNA S/O THIMMAPPA AGED ABOUT 60 YEARS, 6. SRI K T BAIRAPPA S/O THIMMAPPA AGED ABOUT 75 YEARS, 7. SRI NAGARAJU S/O THIMMAPPA AGED ABOUT 53 YEARS, RESPONDENT NOS.4, 5, 6 AND 7 ARE RESIDING AT: KEMPANAHALLI VILLAGE, KASABA HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562 128 … RESPONDENTS (BY SRI. V. SESHU, HCGP) - 3 - HC-KAR NC: 2025:KHC:49570 WP No. 35174 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR WRIT OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 24-01-2025 PASSED BY 2ND RESPONDENT IN R.A.NO.309/2020-21, BEFORE THE ASSISTANT COMMISSIONER 2ND RESPONDENT FOUND AT ANNEXURE-A AND FURTHER PLEASE TO RESTORE THE FILE IN R A NO. 309/2020-21 BEFORE THE ASSISTANT COMMISSIONER 2ND RESPONDENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned High Court Government Pleader accepts notice for respondents 1 to 3. 2. Petitioner has sought for setting aside of the order dated 24.01.2025 passed by the 2nd respondent - Assistant Commissioner in R.A. No. 309/2020-2021. 3. The petitioner had challenged certain proceedings relating to entries before the Assistant - 4 - HC-KAR NC: 2025:KHC:49570 WP No. 35174 of 2025 Commissioner by way of an appeal invoking Section 136(2) of the Karnataka Land Revenue Act, 1964. 4. The Assistant Commissioner has dismissed the appeal on the ground that petitioner herein who was the appellant before the Assistant Commissioner was not diligent in taking steps for service of notice on the respondents. 5. Perusal of the order sheet, copy of which is enclosed at Annexure-L would disclose the dates on which hearing was held. The hearing was held on 08.10.2021, 16.09.2022, 23.01.2024, 26.02.2024, 17.12.2024, and on all other dates between 28.12.2020 and 24.01.2025, there was no sitting. It is further submitted that the lapse, if any was due to bonafide reasons and in light of the rights involved, the Court may set aside the order and restore the matter for fresh consideration. 6. Perused the order sheet. As rightly pointed out by the petitioner though the proceedings were initiated in - 5 - HC-KAR NC: 2025:KHC:49570 WP No. 35174 of 2025 the month of December, 2020 till the date of passing of the final order in 2025, except on five dates of hearing, on all other dates proceedings were adjourned due to non-availability of the presiding officer. Considering the rights involved and the undertaking of the petitioner to be diligent in prosecuting the proceedings, in the interest of justice, it would be appropriate to afford an opportunity for adjudication on merits. 7. Accordingly, the order of dismissal dated 24.01.2025 is set aside. The matter is remitted to the Assistant Commissioner for fresh consideration of the appeal. Petitioner to mark his presence without further notice on 15.12.2025. 8. The writ petition is disposed of. All contentions are kept open. Issuance of notice to the private respondents is dispensed with as the matter is being remitted back and - 6 - HC-KAR NC: 2025:KHC:49570 WP No. 35174 of 2025 also noticing that as on the date of the order of dismissal for non-prosecution, respondents herein were not served. Sd/- (S SUNIL DUTT YADAV) JUDGE VP