- 1 - HC-KAR NC: 2025:KHC:44707 WP No. 31048 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 31048 OF 2025 (KLR-RES) BETWEEN: RAGHU RAMA RAO B., AGED ABOUT 63 YEARS, S/O LATE B. SHIVA RAO, R/A 2-111/6, SORNAD HOUSE, ARALA VILLAGE, BANTWAL TALUK-574211, DAKSHINA KANNADA DISTRICT. …PETITIONER (BY SRI. A.C. CHETHAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, STATE BANK ROAD, MANGALURU-575001. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44707 WP No. 31048 of 2025 3. THE ASSISTANT COMMISSIONER, MANGALURU SUB-DIVISION, DC OFFICE, STATE BANK ROAD, MANGALURU-575001. 4. THE TAHSILDAR, BANTWAL TALUK, BC ROAD-574219, DAKSHINA KANNADA DISTRICT. 5. MAXIM PINTO, AGED ABOUT 54 YEARS, S/O JOHN PINTO, R/A ARALA VILLAGE, BANTWAL TALUK-574211, DAKSHINA KANNADA DISTRICT. …RESPONDENTS (BY SRI. SHAMANTHA NAIK, HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05/11/2024 IN CDS:RAP:96/2022 PASSED BY THE SECOND RESPONDENT DEPUTY COMMISSIONER, DAKSHINA KANNADA (ANNEXURE-A) 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 - 3 - HC-KAR NC: 2025:KHC:44707 WP No. 31048 of 2025 ORAL ORDER The petitioner has sought for issuance of writ of certiorari to set aside the order dated 05.11.2024 in Case No.CDS:RAP:96/2022 at Annexure-A. The petitioner has further sought for restoration of the proceedings before the said authority and for hearing of the appeal on merits. 2. The brief facts are that the petitioner had approached the Assistant Commissioner challenging certain action of the authorities. The Assistant Commissioner had however relegated the petitioner to file an appeal before the Deputy Commissioner. In the proceedings before the Deputy Commissioner, the appeal came to be rejected on grounds that the certified copy of the order of the Regularisation Committee was not enclosed and accordingly, appeal was incompetent. 3. It was further observed that the Secretary of the Committee was not properly arrayed as a party. The petitioner submits that the defects in filing are formal - 4 - HC-KAR NC: 2025:KHC:44707 WP No. 31048 of 2025 defects and the matter may be restored before the Deputy Commissioner, while the petitioner would adhere to compliance of all formalities to enable registration of a regular appeal. It is further submitted that the Court may exercise equitable jurisdiction in condoning non-compliance of the defects as being procedural formalities while protecting substantive rights. 4. Perused the order at Annexure-A. Noticing that the appeal has been dismissed only on the basis of certain technical non-compliance as noticed above, it would be appropriate that the petitioner be afforded an opportunity once again to comply with the formal defects pointed out in the order at Annexure-A. 5. Accordingly, in the interest of justice, the order at Annexure-A is set aside. Matter is remitted to the Deputy Commissioner. The petitioner to comply with all objections raised by the Deputy Commissioner as noticed in the order at Annexure-A to enable the appeal being - 5 - HC-KAR NC: 2025:KHC:44707 WP No. 31048 of 2025 taken up on merits. The petitioner to present himself before the Deputy Commissioner within a period of two weeks from the date of receipt of certified copy of the order and comply with all procedural defects as noticed by the Deputy Commissioner within a period of one month thereafter. Accordingly, the petition is disposed of in terms of the above. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR