- 1 - HC-KAR NC: 2025:KHC-D:15333 WP No. 106225 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.106225 OF 2025 (LB-RES) BETWEEN: 1. SRI. AKKI BASAVARAJ S/O LATE AKKI KOTRAPPA, AGE. 55 YEARS, OCC. BUSINESS, R/O. WARD NO.16, KVOR COLONY, HAGARIBOMMANAHALLI, DIST. VIJAYANAGARA-583 212. 2. SRI. AKKI PRAKASH S/O LATE AKKI KOTRAPPA, AGE. 53 YEARS, OCC. TEACHER, R/O. WARD NO.16, KVOR COLONY, HAGARIBOMMANAHALLI, DIST. VIJAYANAGARA-583 212. 3. SRI. AKKI CHANDRASHEKAR S/O LATE AKKI KOTRAPPA, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. WARD NO.16, KVOR COLONY, HAGARIBOMMANAHALLI, DIST. VIJAYANAGARA-583 212. 4. SRI. AKKI MALLIKARJUNA S/O LATE AKKI KOTRAPPA, AGE. 49 YEARS, OCC. ADVOCATE, R/O. WARD NO.16, KVOR COLONY, HAGARIBOMMANAHALLI, DIST. VIJAYANAGARA-583 212. … PETITIONERS (BY SMT. RESHMA MADIWALAR, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15333 WP No. 106225 of 2025 AND: 1. THE DEPUTY COMMISSIONER, VIJAYANAGARA DISTRICT, HOSAPETE-583 201. 2. THE PROJECT DIRECTOR, DISTRICT URBAN DEVELOPMENT CELL, OFFICE OF THE DEPUTY COMMISSIONER, VIJAYANAGARA DISTRICT, HOSAPETE-583 201. 3. THE ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER, VIJAYANAGARA DISTRICT, HOSAPETE-583 201. 4. THE TAHASILDAR, HAGARIBOMMANAHALLI, DIST. VIJAYANAGARA-583 212. 5. THE CHIEF OFFICER, TOWN MUNCIPALITY (PURASABHE), HAGARIBOMMANAHALLI, DIST. VIJAYANAGARA-583 212. 6. SMT. SHEETAVVA T. D/O T. BHARMAPPA, AGE. MAJOR, OCC. HOUSE WIFE, R/O. WARD NO.16, KVOR COLONY, HAGARIBOMMANAHALLI, DIST. VIJAYANAGARA-583 212. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 TO R4; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R5; SRI. SHARAD V. MAGADUM, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR APPROPRIATE WRIT QUASHING NOTICE ISSUED BY THE RESPONDENT NO.1 THE DEPUTY COMMISSIONER, VIJAYANAGARA DATED 28/07/2025 BEARING NO. SAN/.JI.NA.KO.V/MU.A/ PU.SA/HA.BO.HALLI/01/2025-26 VIDE ANNEXURE-, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:15333 WP No. 106225 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the impugned notice dated 28.07.2025 marked at Annexure-T fixing hearing on 04.09.2028, in respect of the grievance raised by respondent No.5-Town Municipality, Hagaribommanahalli. 2. Learned counsel for the petitioners would submit that the Revision before the Deputy Commissioner is not maintainable under Section 322 of the Karnataka Municipalities Act, 1964 (for short ‘the Act of 1964’). 3. Learned counsel for the respondents would submit that the power of the Director of Municipal Administration is delegated to the Deputy Commissioner by invoking Section 321 of the Act of 1964. - 4 - HC-KAR NC: 2025:KHC-D:15333 WP No. 106225 of 2025 4. Learned counsel for the petitioners would also submit that earlier to the impugned notice at Annexure-T, an endorsement is issued holding that the Deputy Commissioner has no jurisdiction. 5. The endorsement, if any, issued earlier cannot prevail over the law. Under these circumstances, the petition is not entertained. 6. The petitioners are permitted to raise all contentions including the contention that the revision petition is not maintainable before the Deputy Commissioner; and Deputy Commissioner shall consider all the contentions in accordance with law particularly in the light of Sections 321 and 322 of Act of 1964. 7. It is made clear that this Court has not expressed anything on the merits of the matter. - 5 - HC-KAR NC: 2025:KHC-D:15333 WP No. 106225 of 2025 8. With above observations, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 42