- 1 - HC-KAR NC: 2025:KHC:43726-DB WA No. 1022 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1022 OF 2025 (KLR-RES) BETWEEN: 1. THE STATE KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE M.S.BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA - 562 101 3. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA - 562 101 4. THE TAHSILDAR BAGEPALLI TALUK BAGEPALLI CHIKKABALLAPURA DISTRICT - 561 207 5. THE DEPUTY DIRECTOR OF LAND RECORDS AND TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT - 562 101 …APPELLANTS (BY SMT. NAMITHA MAHESH, G.A.) Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43726-DB WA No. 1022 of 2025 AND: 1. SRI ADHINARAYAN REDDY S/O LATE NARASIMHA REDDY AGED ABOUT 56 YEARS RESIDING AT NO. 2-81 VANDANAPALLI MAIN ROAD ANANTHAPUR TOWN ANDHRA PRADESH - 515 001 REPERSENTED BY HIS GPA HOLDER SRI. NAVEEN S/O SRINIVAS …RESPONDENT (BY SRI MOHANA CHANDRA P., ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THE ABOVE APPEAL FILED BY THE APPELLANTS THEREBY SETTING ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.22662/2024 (KLR-RES) DATED 31.08.2024 AND THEREBY DISMISS THE SAID PETITION & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the application – I.A. No.1/2025, the same is allowed. The delay in filing the appeal is condoned. - 3 - HC-KAR NC: 2025:KHC:43726-DB WA No. 1022 of 2025 2. The appellants have filed the present appeal impugning an order dated 31.08.2024 passed by the learned Single Judge in Writ Petition No.22662/2024 (KLR-RES). The respondent filed the said writ petition, inter alia, seeking a writ in the nature of mandamus directing the Assistant Commissioner, Tahsildar and the Deputy Director of Land Records (arrayed as respondent Nos.3 to 5 in the writ petition) to consider the representation dated 03.07.2024 as well as the communication dated 06.07.2024 and assign a new survey number to the extent of five acres. 3. It is the writ petitioner's case that his father was granted land measuring five acres [subject land] pursuant to a direction issued by the Assistant Commissioner in 1951. The writ petitioner claimed that his father had participated in public auction and was declared successful along with two other persons. Each of the successful bidders were granted certificates to the extent of five acres each. The petitioner's grievance was that a new survey number has not been assigned to the land granted to his father. 4. The learned Additional Government Advocate appearing for the appellants submits said that there are no records available which indicate that there was a grant in favour of the petitioner's - 4 - HC-KAR NC: 2025:KHC:43726-DB WA No. 1022 of 2025 father. She states that for the first time an entry is made in the land records in the year 1989 entering the petitioner's father's name. Subsequently, there is a manual entry in the petitioner's name. However, when the computerised records are examined, it is found no entry is made in the name of the writ petitioner. She submits that the entry made in 1989 is stated to be pursuant to an order passed by the Assistant Commissioner. However, there are no such orders. She contends that the appellant did not have sufficient opportunity to file objections to the writ petition. She also states that forensic examination was conducted and forensic report has also flagged certain issues regarding different signatures in similar ink. She states that the signatures of the concerned authorities recording the auction bears a date prior to the date of the auction. 5. Considering that none of these contentions, which are sought to be advanced before this Court, could be considered by the learned Single Judge as the appellants had not filed any statement of objections, we consider it apposite to set aside the impugned order and remand the matter to the learned Single Judge for consideration afresh. The appellant may file statement of objections within a period of two weeks from date. The appellants - 5 - HC-KAR NC: 2025:KHC:43726-DB WA No. 1022 of 2025 shall also expressly place their stand regarding the proceedings as reflected in Annexure K to the writ petition. 6. The writ appeal is, accordingly, disposed of. 7. The pending interlocutory applications also stand disposed of. 8. Let the writ petition be listed before the learned Single Judge on 04.12.2025. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 32