- 1 - HC-KAR NC: 2025:KHC:46940 WP No. 11447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 11447 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT YASHODHA AGED ABOUT 57 YEARS, W/O LATE K.C.NAGARAJ 2. N.SANTHOSH AGED ABOUT 35 YEARS, S/O.LATE K.C.NAGARAJ 3. SMT.K.N. YOGITHA, AGED ABOUT 38 YEARS, W/O.SRINIVAS D.K., D/O. LATE K.C.NAGARAJ REP BY GPA HOLDER, SANTHOSH N., 4. K.C. VENKATESH, AGED ABOUT 63 YEARS, S/O.LATE K.C.CHANNAIAH ALL ARE RESIDING AT NO.31, KADATHANAMALE VILLAGE, ARAKERE POST, HESARGHATTA HOBLI, BANGALORE NORTH (ADDITIONAL) TALUK, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46940 WP No. 11447 of 2025 NOW YELAHANKA TALUK, BANGALORE - 561 203. … PETITIONERS (BY SRI. SHIVARAMU H C., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION, BEHIND REVENUE BHAVAN, K.G.ROAD, BANGALORE - 560 009. 2. THE THASILDAR, YELAHANKA TALUK, MINI VIDHANA SOUDHA, BANGALORE - 560 064. 3. NANJEGOWDA, MAJOR, S/O MUTHURAYAPPA 4. ARASEGOWDA, MAJOR, S/O.CHIKKA MUTHURAYAPPA. 5. SHASHSI KUMAR, MAJOR, S/O.MUTHURAYAPPA RESPONDENT NOS.3 TO 5 ARE RESIDING AT NO.31, KADATHANAMALE VILLAGE, ARAKERE POST, HESARGHATTA HOBLI, - 3 - HC-KAR NC: 2025:KHC:46940 WP No. 11447 of 2025 BANGALORE NORTH (ADDITIONAL) TALUK, NOW YELAHANKA TALUK, BANGALORE-561 203. 6. K.B.SHIVA KUMAR, MAJOR, S/O.BETTEGOWDA, RESIDING AT NO.80/4, III CROSS, I STAGE, BEL LAYOUT, EAST WEST ENGINEERING COLLEGE ROAD, VISHWANEEDAM POST, BANGALORE - 91. 7. RAMANJANAPPA, MAJOR, S/O.BETTEGOWDA RESIDENT OF KADATHANAMALE VILLAGE, ARAKERE POST, HESARGHATTA HOBLI, BANGALORE NORTH (ADDITIONAL) TALUK, NOW YELAHANKA TALUK, BANGALORE - 561 203. 8. SMT. RATHNAMMA, MAJOR, W/O.MAREGOWDA, RESIDENT OF SOMANAHALLI VILLAGE, HESARGHATTA HOBLI, BANGALORE NORTH (ADDITIONAL) TALUK, NOW YELAHANKA TALUK, BANGALORE - 562 123. 9. PATTALAPPA, MAJOR, - 4 - HC-KAR NC: 2025:KHC:46940 WP No. 11447 of 2025 S/O. DODDAMUTHURAYAPPA, RESIDENT OF KADATHANAMALE VILLAGE, ARAKERE POST, HESARGHATTA HOBLI, BANGALORE NORTH (ADDITIONAL) TALUK, NOW YELAHANKA TALUK, BANGALORE - 562 103. 10. SMT. CHANDRAMMA, MAJOR, W/O.HANUMANTHARAYAPPA, 11. VIJAYAKUMAR, MAJOR, S/O.HANUMANTHARAYAPPA, RESPONDENT NOS.10 AND 11 ARE RESIDENTS OF KADATHANAMALE VILLAGE, ARAKERE POST, HESARGHATTA HOBLI, BANGALORE NORTH (ADDITIONAL) TALUK, NOW YELAHANKA TALUK, BANGALORE - 562 103 … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 & R2; SRI B. ROOPESHA, ADVOCATE FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD 21.02.2025 PASSED BY THE R-1 IN CASE NO. RA (BNA).256/2016-17 PRODUCED AT ANNEXURE- H3 AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 5 - HC-KAR NC: 2025:KHC:46940 WP No. 11447 of 2025 ORAL ORDER In light of the submission that the petitioners claim jointly, office objection regarding DCF is overruled. 2. Petitioners have called in question the correctness of the order dated 21.02.2025 passed in case No. RA-BNA-256/2016-17 at Annexure-H3. Petitioners have sought certain consequential reliefs including as regards conducting of phodi works etc. 3. Petitioners have specifically averred at Para No.12 of the petition that during the pendency of the proceedings, husband of the 1st petitioner died and an application was filed on 22.01.2025 to bring the legal representatives of the husband of the 1st petitioner on record. It is stated that the said application was allowed on 22.01.2025 and no date was fixed for passing of the order. But they were surprised when the order itself was pronounced on 21.02.2025 without hearing the arguments on merits. - 6 - HC-KAR NC: 2025:KHC:46940 WP No. 11447 of 2025 4. Learned counsel for the respondents would submit that instead of protracting the proceedings, the matter may be remanded back for fresh consideration. Taking note of the averments at Para No.12 of the petition, the order at Annexure-H3 is set aside. The matter is remitted back for fresh consideration after hearing both sides. * Consequent to setting aside the order at Annexure-H3, the revenue entries standing in the names of the petitioners prior to the impugned order at Annexure-H3 to be restored. 5. The parties to appear before the Special Assistant Commissioner-3, Bangalore North Sub-Division, Bangalore without fresh notice on 08.12.2025. 6. Accordingly, the writ petition is disposed of. All Contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP * Corrected vide Court order dated 04.12.2025.