Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29284 WP No. 19690 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 19690 OF 2024 (SC-ST)
BETWEEN:
SRI. C. PRASANNA S/O. S. CHINNASWAMY AGED ABOUT 51 YEARS REP BY HIS GPA HOLDER, SRI. S. GIRISHA, ONE OF THE DIRECTOR OF NAVANIDHI DEVELOPERS AND BUILDERS PRIVATE LIMITED.
S/O LATE M.L.SATHYANARAYANA CHARI, AGED ABOUT 49 YEARS, R/AT NO.1226, 34TH C CROSS, 28TH MAIN, 4TH 'T' BLOCK, JAYANAGAR, BANGALORE - 560 011. …PETITIONER (BY SMT. VAIBHAVI BHAT., ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA-562159.
2.
THE ASSISTANT COMMISSIONER, RAMANAGAR SUB-DIVISION, RAMANAGAR-562159.
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:29284 WP No. 19690 of 2024
3.
THE TAHSILDAR RAMANAGARA TALUK RAMANAGAR-562159.
4.
SRI. MUTHURAJU S/O. MUTHAIAH SINCE DECEASED BY HIS LRS
SRI. RAVI S/O. LATE MUTHURAJU R/AT BANNIKUPPE VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT-562159.
5.
SRI. MANJUNATH S/O. LATE MUTHURAJU R/AT BANNIKUPPE VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT-562159.
6.
SRI. MALLAIAH S/O. BASAPPA R/AT MYLASANDRA VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK-562159
7.
SRI. VENKATACHALAPATHI S/O. LATE NANJAPPA AGED ABOUT 75 YEARS R/AT AVARAGERE VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT-562159. …RESPONDENTS (BY SRI. ARUNA G.S., HCGP FOR R1 TO R3 SRI. CLIFTON D ROZARIO., ADVOCATE FOR SMT. MAITREYI KRISHNAN., ADVOCATE FOR R4 & R5 V/O/D.27.09.2024 & 19.12.2024 NOTICE TO R7 & R6 IS H/S N/N RESPECTIVELY)
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HC-KAR NC: 2025:KHC:29284 WP No. 19690 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 18.03.2016 IN CASE BEARING NO.PTCL(RA)07/2011-12 PASSED BY THE R-2 ASSISTANT COMMISSIONER, RAMANAGAR SUB-DIVISION, RAMANAGAR, VIDE ANNX-L AND ALSO THAT OF THE ORDER DTD.
11.01.2024 IN A CASE BEARING NO.LND/SC/ST/03/2016-17 PASSED BY THE R-1 DEPUTY COMMISSIONER RAMANAGAR DISTRICT, RAMANAGAR VIDE ANNX-L TO THE WRIT PETITION AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned Counsel for the petitioner appearing in the connected petition in W.P.No.18363/2024 has filed a memo dated 07.12.2024, seeking leave of this Court to dismiss the present writ petition viz., W.P.No.19690/2024.
2.
Learned Counsel for the petitioner in W.P.No.18363/2024 submits that on an application filed by respondent No.4-Sri.Muthuraju, (since deceased, represented by his legal representatives), the Assistant Commissioner passed an order in a case bearing No.PTCL/ (RA)07/2011-12 on 18.03.2016, allowing the application
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HC-KAR NC: 2025:KHC:29284 WP No. 19690 of 2024
and directing restoration of the lands in question in favour of the original grantee. However, since the petitioner herein was the previous owner of the lands in question, the petitioner preferred an appeal before the Deputy Commissioner, Ramanagara District in Appeal No.LND/SCST/A/03/2016-17, and the appeal being dismissed at the hands of the Deputy Commissioner, the petitioner has filed W.P.No.18363/2024 questioning the orders passed by the Assistant Commissioner as well as the Deputy Commissioner. After the said writ petition was filed, another writ petition has been filed at the hands of Sri.S.Girisha, claiming to be the General Power of Attorney holder of the petitioner. Learned Counsel submits that the petitioner has cancelled the General Power of Attorney and nevertheless, such a writ petition cannot be entertained when the party himself has already filed a writ petition. 3. The learned Counsel would also submit that an impleading application was filed in I.A.No.1/2025 at the hands of one of the Partners of M/s.R.K.Homes and the
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HC-KAR NC: 2025:KHC:29284 WP No. 19690 of 2024
said application was dismissed by this Court on
06.06.2025. That being the position, the learned Counsel would pray that the present petition may be dismissed, since the previous owner of the property, under whom the Power of Attorney claims interest has already filed a writ petition. 4. Learned Counsel Ms.Vaishnavi Bhat, appearing for the petitioner in the present writ petition would submit that as a Power of Attorney holder, the Attorney is empowered to raise a challenge to the orders passed by the Assistant Commissioner and the Deputy Commissioner. 5. In the considered opinion of this Court, the lis between the Principal and the Attorney cannot be decided by this Court in these proceedings. However, it is trite in law that when once the Principal has filed a writ petition raising a challenge to the orders passed by the Assistant Commissioner and the Deputy Commissioner, it would be
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HC-KAR NC: 2025:KHC:29284 WP No. 19690 of 2024
impermissible to entertain another writ petition filed at the hands of the Attorney.
This Court makes it clear that, this Court has said anything in respect of the Power of Attorney, its validity or otherwise. 6. Consequently, the writ petition stands disposed of in view of the above. Sd/- (R DEVDAS) JUDGE
DL CT: JL