- 1 - HC-KAR NC: 2025:KHC:31916 WP No. 12478 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 12478 OF 2024 (KLR-RES) BETWEEN: SRI M C RAJU, S/O LATE DODDA CHOWDAREDDY, AGED ABOUT 68 YEARS, R/AT MALAPALLI VILLAGE, CHINTHAMANI, CHIKKABALLAPURA DISTRICT - 563 125. POWER OF ATTORNEY HOLDER FOR M R VENKATA REDDY. …PETITIONER (BY SRI. SRINIVASA MURTHY S R., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 563 130. 2. THE ASSISTANT COMMISSIONER, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 563 130. 3. M/S CHINTHAMANI EDUCATION SOCIETY, REGISTERED UNDER CLUB SAND SOCITIES ACT, KISHORE VIDYABHAVANA, REPT BY ITS PRESIDENT, SRI CHOWDA REDDY, AGED ABOUT 79 YEARS, RESIDING AT MALAPALLI VILLAGE, CHINTHAMANI, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31916 WP No. 12478 of 2024 CHIKKABALLAPURA DISTRICT - 563 125. 4. SRI ANJANEYA REDDY, S/O LATE CHIKKA CHOWDA REDDY, AGED ABOUT 74 YEARS, RESIDING AT MALAPALLI VILLAGE, CHINTHAMANI, CHIKKABALLAPURA DISTRICT - 563 125. 5. THE THASILDAR, CHINTHAMANI, CHIKKABALLAPURA DISTRICT - 563 125. …RESPONDENTS (BY SRI.SESHU V., HCGP FOR R-1, R-2, R-5; SRI.H.T.NATARAJU., ADVOCATE FOR R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE R1 AT ANNEXURE-A DATED 16.02.2024 PASSED IN LND/CR/46/2003-04 PASSED BY THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Having heard the learned counsel for the petitioner, learned HCGP for respondent Nos.1, 2 & 5 and learned - 3 - HC-KAR NC: 2025:KHC:31916 WP No. 12478 of 2024 counsel for respondent No.3 - Society, this Court finds that despite an order being passed at the hands of this Court in W.P.No.31929/2009 dated 04.01.2013 quashing similar orders passed by the Deputy Commissioner granting lands in favour of the Society with the direction and remanding the matter back to the Deputy Commissioner to re- examine and pass appropriate orders in accordance with law and to take action even as against the writ Petitioner and other unauthorized occupants if they are still in occupation in spite of their eviction in accordance with law and not otherwise, the Deputy Commissioner has not taken any steps. 2. The Deputy Commissioner has simply narrated all these aspects and without taking action in accordance with law to evict the petitioner, the Deputy Commissioner has proceeded to pass the impugned order once again granting the lands in favour of respondent No.3 - Society. In that view of the matter, this Court finds that the - 4 - HC-KAR NC: 2025:KHC:31916 WP No. 12478 of 2024 impugned order cannot be sustained. Accordingly, this Court proceeds to pass the following: ORDER i) The writ petition is allowed. ii) The impugned order at Annexure-K passed by the Deputy Commissioner, Chikkaballapura District, Chikkaballapura is hereby quashed and set aside. iii) The Deputy Commissioner is at liberty to take action against the petitioner for eviction only in accordance with law. Sd/- (R DEVDAS) JUDGE KVR List No.: 1 Sl No.: 35