- 1 - HC-KAR NC: 2025:KHC:28316 WP No. 17393 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.17393 OF 2022 (KLR-RES) BETWEEN: SMT. SARASWATHAMMA W/O. LAKSHMINARAYANA REDDY AGED ABOUT 36 YEARS R/AT. YALAGALAHALLI VILLAGE MANDIKALLU HOBLI CHICKBALLAPURA TALUK AND DISTRICT -562 104. …PETITIONER (BY SRI C.M. NAGABHUSHAN, ADVOCATE FOR SRI T.M. CHOWDAREDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING BENGALURU -560 001. 2. THE DEPUTY COMMISSIONER CHICKKABALLAPURA DISTRICT CHICKKABALLAPURA -562 101. 3. THE ASSISTANT COMMISSIONER CHICKBALLAPURA SUB-DIVISION CHICKKABALLAPURA -562 101. 4. THE TAHASILDAR CHIKKABALLAPUR TALUK, CHIKKABALLAPURA-562 101. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28316 WP No. 17393 of 2022 5. SMT. DHANALAKSHMI W/O. B.A. VIJAY KUMAR PROPRIETOR SRI LAKSHMI VIGNESHWAR GRANITES. 6. SRI VENKATANARAYANAREDDY S/O. BABU REDDY PROPRIETOR BALAVENKATAREDDY ANIL METALS CRUSHERS. 7. SMT. N. BHARATHI W/O. M. VEERESH PROPRIETOR SRI LAKSHMI STONE CRUSHERS RESPONDENT NOS.5 TO 7 ARE R/AT. YALAGALAHALLI VILLAGE MANDIKALLU HOBLI CHICKBALLAPURA TALUK CHICKBALLAPURA DISTRICT -562 104. …RESPONDENTS (BY SRI MANJUNATH K., H.C.G.P. FOR R-1 TO R-4; SRI PRAKASH B.S., ADVOCATE FOR R-5 TO R-7) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 28.03.2022 IN CASE NO.RA/13/2020-21 PASSED BY THE DEPUTY COMMISSIONER, CHICKKABALLAPUR CONFIRMING THE ORDER DATED 21.09.2020 IN CASE NO.LD.RA.34/2019-20 PASSED BY THE ASSISTANT COMMISSIONER, SUB-DIVISION, CHICKKABALLAPUR COPIES OF WHICH ARE PRODUCED AT ANNEXURES-G AND E RESPECTIVELY. THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:28316 WP No. 17393 of 2022 ORAL ORDER Heard learned counsel for the parties. 2. This writ petition is filed praying to quash the order dated 28.03.2022 in Case No.R.A/13/2020-21 (Annexure-G) passed by respondent no.2 confirming the order dated 21.09.2020 in Case No.L.N.D.R.A:34/2019-20 (Annexure-E) passed by respondent no.3. 3. Sri.C.M.Nagabhushan, learned counsel for Sri.T.M.Chowdareddy, learned counsel for the petitioner, invited the attention of the Court to the finding recorded by respondent no.2 and submitted that, though the respondent no.2 has called for the records from respondent no.3, no records were sent by respondent no.3 to respondent no.2 and, in spite of it, impugned order came to be passed by respondent no.2, confirming the order passed by respondent no.3, which is not correct. In that view of the matter, the impugned order suffers from infirmity on the ground of non-application of mind. - 4 - HC-KAR NC: 2025:KHC:28316 WP No. 17393 of 2022 4. Learned HCGP sought to justify the order passed by respondent-authorities. 5. Having taken note of the finding recorded by respondent no.2, it makes it clear that the Revision Petition filed under Section 136(3) of the Karnataka Land Revenue Act, 1964 before respondent no.2 against the order dated 21.09.2020 in Case No.L.N.D.R.A:34/2019-20, passed by respondent no.3, in respect of the subject land. Since respondent no.2 has clearly stated that, he has not received any records from respondent no.3 with regard to the decision taken by respondent no.3, I find force in the submission of the learned counsel for the petitioner seeking quashing of the order passed by respondent- authorities. Hence, I am of the view that, it is a fit case to remand the matter to respondent no.2 for reconsidering the issue afresh after affording opportunity of hearing to all the parties concerned and take decision in the matter in accordance with law, after verifying the records. 6. In the result, I pass the following : ORDER i) The writ petition is allowed; - 5 - HC-KAR NC: 2025:KHC:28316 WP No. 17393 of 2022 ii) The order dated 28.03.2022 in Case No.R.A/13/2020-21 (Annexure-G) passed by respondent no.2 is hereby quashed; iii) The matter is remanded to respondent no.2, in terms of the observations made above. Sd/- (E.S.INDIRESH) JUDGE rs