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2025 DAILYLAW 80544 (KAR)

T K SUBBEGOWDA BY LRS v. THE DEPUTY COMMISISONER,

WA/1811/2024 · 2025-12-09

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52092-DB WA No. 1811 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1811 OF 2024 (KLR-RR/SUR) BETWEEN: 1. T K SUBBEGOWDA BY LRS SMT SHANTHAMMA W/O LATE T.K. SUBBEGOWDA AGED ABOUT 75 YEARS 2. T S BABU S/O LATE T.K. SUBBEGOWDA AGED ABOUT 60 YEARS 3. T S GOPINATH S/O LATE T K SUBBEGOWDA AGED ABOUT 56 YEARS 4. T S VENUGOPAL S/O LATE T K SUBBEGOWDA AGED ABOUT 50 YEARS ALL ARE RESIDING AT TEMPLE STREET CHIKKA TIRUPATI VILLAGE AND POST LAKKUR HOBLI MALUR TALUK Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52092-DB WA No. 1811 of 2024 KOLAR DISTRICT 563130 …APPELLANTS (BY SRI. VARADARAJAN M S, ADVOCATE) AND: 1. THE DEPUTY COMMISISONER, KOLAR TALUK KOLAR 563101 2. THE ASST COMMISSIONER KOLAR SUB DIVISION KOLAR DISTRICT 563101 3. THE THASILDAR MALUR TALUK KOLAR DISTSRICT 563101 4. GOWRAMMA SINCE DECEASED BY HER LRS T V KRISHNAMURTHY AGED ABOUT 48 YEARS S/O LATE T K VENKATESH GOWDA 5. T V HARISH AGED ABOUT 45 YEARS S/O LATE T K VENKATESH GOWDA 6. T V BHALAKRISHNA AGED ABOUT 40 YEARS S/O LATE T K VENKATESH GOWDA 7. T K ASHWATHA GOWDA AGED ABOUT 63 YEARS S/O LATE T K VENKATESH GOWDA ALL ARE RESIDING AT CHIKKA TIRUPATI VILLAGE AND POST - 3 - HC-KAR NC: 2025:KHC:52092-DB WA No. 1811 of 2024 LAKKUR HOBLI MALUR TALUK KOLAR DISTRICT 563130. …RESPONDENTS (BY SMT. NAMITHA MAHESH, AGA FOR R1 TO R3 SRI. R BHADRINATH, ADVOCATE FOR R4 TO R7) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 04.11.2022 PASSED BY LEARNED SINGLE JUDGE IN WP No. 9459/2015 (KLR-RR-SUR) AND ALLOW THE SAID WRIT PETITION AS PRAYED FOR BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 4.11.2022 passed by the learned Single Judge of this Court in Writ Petition No.9459/2015 (KLR-RR/SUR). - 4 - HC-KAR NC: 2025:KHC:52092-DB WA No. 1811 of 2024 2. It is stated that prior to passing the impugned order, the writ petitioner had expired on 27.3.2021. Further, the fourth respondent had also expired on 14.3.2021. It is stated that in view of the above, the writ petition was required to be disposed of as having abated. But the demise of the writ petitioner and respondent No.4 was not brought to the notice of the Court. It is stated that the Advocate appearing for the writ petitioner was also not aware of his demise. 3. The learned counsel for the parties request that the impugned order be set aside, the writ petition be restored, and they be permitted to advance all submissions without prejudice to their rights and contentions. 4. In view of the above, the impugned order is set aside. The writ petition is restored before the learned Single Judge. 5. Let the same be listed on 13.1.2026. 6. We leave it to the learned Single Judge to consider the fate of the writ petition. 7. The present appeal is accordingly, disposed of. - 5 - HC-KAR NC: 2025:KHC:52092-DB WA No. 1811 of 2024 8. All the pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 14