- 1 - HC-KAR NC: 2025:KHC:50781 WP No. 36213 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 36213 OF 2025 (LR) BETWEEN: 1. M.S. RAGHAVENDRA S/O SHIVANNA, AGED ABOUT 45 YEARS, R/AT KUMBARGUNDI, BHAKTAKANAKADASA ROAD, 1ST CROSS, SHIKARIPURA TOWN, SHIKARIPURA-577 427 SHIVAMOGGA DISTRICT … PETITIONER (BY SRI. PRUTHVI WODEYAR., ADVOCATE) AND: 1. DEPUTY COMMISSIONER SHIVAMOGGA-577 201 SHIVAMOGGA DISTRICT 2. TASILDHAR, SHIKARIPURA TALUK SHIKARIPURA-577 427 SHIVAMOGGA DISTRICT 3. HUCHHARAYA SWAMY DEVARU, SHIKARIPURA TALUK, SHIKARIPURA-577 427 SHIVAMOGGA DISTRICT … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 AND R2) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50781 WP No. 36213 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 20/4/2024 IN INAM.CR 16/2023 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-B AND D 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 Petitioner has called in question the correctness of the order dated 20.04.2024. In terms of the said order, the proceedings in Inam.CR.16/2023 was closed. The claim petition came to be dismissed for default. 2. Petitioner would submit that the address in the cause title of the order at Annexure-B would show that the petitioner to be a resident of Dabbanabairanahalli Village, Hosur Hobli, Shikaripura Taluk, while actually the petitioner is a resident of Channahalli Village, Hosur Hobli, Shikaripura Taluk. It is submitted that after the report was directed to be submitted by the Village Accountant, proceedings were directed to be resumed. - 3 - HC-KAR NC: 2025:KHC:50781 WP No. 36213 of 2025 3. Upon such report it was stated that notice was issued to the wrong address shown at Annexure-B and the petitioner not having been served with notice, proceedings came to be dismissed for default. It is submitted that as the notice ought to have been issued to the address at Channahalli Village, Hosur Hobli, Shikaripura Taluk, the order may be recalled and proceedings be restored. It is further submitted that identical order at Annexure-D showing the correct address of the petitioner has been passed while defect of non service of notice still remains. 4. Noticing the contention that the petitioner was a resident of Channahalli Village, Hosur Hobli, Shikaripura Taluk, while it appears that notice was issued to the address as shown in the cause title of the order at Annexure-B, it would be appropriate considering the rights involved, to set aside the order at Annexure-B and restore the proceedings in Inam.CR.16/2023. Further, the order at Annexure-D being an identical order except for change in the address, it appears to be only an effort to rectify the - 4 - HC-KAR NC: 2025:KHC:50781 WP No. 36213 of 2025 defect which however does not stand rectified as notice itself was not sent to the correct address, the order at Annexure-D is also set aside. 5. The proceedings in Inam.CR.16/2023 pending before the Deputy Commissioner stands restored. Needless to state the Deputy Commissioner to issue fresh notice to the other parties. The petitioner to mark his presence by appearing before the Deputy Commissioner on 05.01.2026. 6. Accordingly, petition is disposed of. All contentions are kept open. Issuance of notice to respondent No.3 is dispensed with as the proceedings before the Deputy Commissioner is restored. Sd/- (S SUNIL DUTT YADAV) JUDGE VP