- 1 - HC-KAR NC: 2025:KHC:53908 WP No. 33779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 33779 OF 2025 (KLR-RES) BETWEEN: SMT. YALLAMMA W/O LATE YALLAPPA SINCE DEAD BY HER LRS 1. SRI Y GOPAL S/OLATE YALLAPPA AGED ABOUT 70 YEARS 2. SRI YALLAPPA @ YALAGAIAH SINCE DEAD BYHIS LRS SMT SHANTHAMMA W/O LATE YALLAPPA @ YALAGAIAH AGED ABOUT 69 YEARS 3. SRI Y SATISHCHANDRA S/O LATE YALLAPPA @ YALAGAIAH AGED ABOUT 49 YEARS 4. SRI JAGADISH CHANDRA S/O LATE YALLAPPA@ YALAGAIAH AGED ABOUT 47 YEARS 5. SRI Y SUBASHCHANDRA S/O LATE YALLAPPA @ YALAGAIAH AGED ABOUT 45YEARS Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53908 WP No. 33779 of 2025 6. SMT BHUVANESHWARI D/O LATE YALLAPPA @ YALAGAIAH AGED ABOUT 41 YEARS 7. SRI KRISHNAPPA SINCE DEAD BY HIS LRS SMT SUGUNAMMA W/O LATE KRISHNAPPA AGED ABOUT 58 YEARS 8. SMT MANGALA D/O LATE KRISHNAPPA AGED ABOUT 43 YEARS 9. SMT SUMATHI D/O LATE KRISHNAPPA AGED ABOUT 41 YEARS 10. SRI ANANDA K S/O LATE KRISHNAPPA AGED ABOUT 39 YEARS ALL ARE R/A HALEHALLI VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT 562107 …PETITIONERS (BY SRI. LOKESH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT MULTISTOREID BUILDING DR B R AMBEDKAR VEEDHI BENGALURU - 560001 REP. BY ITS CHIEF SECRETARY - 3 - HC-KAR NC: 2025:KHC:53908 WP No. 33779 of 2025 2. THE SPECIAL DEPUTY COMMISSIONER-2 BENGALURU SOUTH SUB-DIVISION BENGALURU URBAN DISTRICT KANDAYA BHAVAN BENGALURU - 560001 3. THE TAHSILDAR ANEKAL TALUK ANEKAL - 562106 …RESPONDENTS (BY SMT. NAVYA SHEKAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R2 IN CASE NO.RRT/19/2010 DATED 11.08.2025 VIDE ANNX-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 ORAL ORDER The petitioners have sought for setting aside of the order dated 11.08.2025 passed by the second respondent- Special Deputy Commissioner at Annexure 'A'. 2. In terms of the order at Annexure 'A', which is an order under Section 136(3) of the Karnataka Land Revenue Act, 1964, the Special Deputy Commissioner has allowed the proceedings and directed the Tahsildar, Anekal - 4 - HC-KAR NC: 2025:KHC:53908 WP No. 33779 of 2025 Taluk, to restore and mutate name of the Government in the RTC until the respondent approaches the Tahsildar with valid and sufficient documents to establish his title to the property in question in accordance with law. 3. Learned Counsel for the petitioners submits that in response to the notice as regards the proceedings under Section 136(3) of the Karnataka Land Revenue Act, the petitioners have appeared before the authority and filed detailed objections. Copy of the objections is enclosed at Annexure 'R'. It is further submitted that along with the objections, the petitioners have also produced documents, copies of which are produced before this Court at Annexures 'B' to 'P14'. It is submitted that certain other documents have also been filed. 4. The learned Counsel for the petitioners would draw attention to the extract of the order sheet and particularly with respect to the order dated 10.11.2010. The authority has recorded that the counsel for the respondents in the - 5 - HC-KAR NC: 2025:KHC:53908 WP No. 33779 of 2025 136(3) proceedings is present and has produced documents along with statement of objections. 5. Attention is then drawn to the observations of the Special Deputy Commissioner in the order at Annexure 'A' wherein there is an observation that despite issuance of multiple notices, the respondents have failed to appear or submit objections and documents. Accordingly, it is submitted that the order at Annexure 'A' is passed without application of mind. 6. Learned Additional Government Advocate upon instructions submits that the petitioners were required to produce Grant Order, Official Memorandum, Grant Issue Register, sale deed and other relevant documents pertaining to Sy.No.27P/19. 7. Learned Counsel for the petitioners submits that certified copies of the documents referred to have already been produced. It is further submitted that if there are any other documents required, the petitioners on - 6 - HC-KAR NC: 2025:KHC:53908 WP No. 33779 of 2025 appearance shall make efforts to produce documents in their possession. 8. In light of the factum of objections having been filed and the copies of documents stated to have been filed before the Special Deputy Commissioner having been produced, it would be appropriate to set aside the order at Annexure 'A' and remand the matter back directing the respondent-Special Deputy Commissioner to afford a fresh opportunity of hearing to the petitioners and to take note of documents already filed and proceed to pass orders. 9. It is further clarified that upon appearance of the petitioners, if there are any other documents required to be filed which are in the possession of the petitioners, the Special Deputy Commissioner may call upon the petitioners to produce such other documents and the petitioners may respond appropriately to such requisition to file additional documents. Upon submitting of clarifications and further documents if any and after taking - 7 - HC-KAR NC: 2025:KHC:53908 WP No. 33779 of 2025 note of documents already filed, the Special Deputy Commissioner after affording an opportunity of hearing, may proceed to pass appropriate orders. 10. All contentions are kept open. 11. Petitioners to appear before the Special Deputy Commissioner without further notice on 5th January 2026 at 11.30 a.m. The learned Counsel for the petitioners submits that the proceedings before the Special Deputy Commissioner where as against Smt.Yallamma, who is dead and legal representatives of Smt.Yallamma, who are some of the petitioners herein, may be directed to appear before the Special Deputy Commissioner by filing appropriate application. 12. In light of such submissions, it is made clear that petitioners upon appearance are entitled to file an application to represent the interest of late Yallamma which may be allowed after following due procedure. - 8 - HC-KAR NC: 2025:KHC:53908 WP No. 33779 of 2025 13. Accordingly, petition is disposed off in terms of the above observations. Sd/- (S SUNIL DUTT YADAV) JUDGE JT/- CT: JL