- 1 - HC-KAR NC: 2025:KHC:50363 WP No. 35966 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 35966 OF 2025 (KLR-RES) BETWEEN: 1. H V NAGARAJ S/O LATE H.M., VENKATARAMANAPPA, AGED ABOUT 83 YEARS, RESIDING AT NO. 135, SHREE VENKATADHRI NISARGHA HI TECH LAYOUT, HOSAKOTE, BENGALURU -562 114. 2. H.V. RAJAGOPAL S/O LATE H.M. VENKATARAMANAPPA AGED ABOUT 79 YEARS, R/AT No.19, 7TH CROSS, BHOVIPALYA, MAHALAKSHMIPURAM, BENGALURU NORTH, MAHALAKSHMIPURAM LAYOUT, BENGALURU-560 086. 3. H.V. VENUGOPAL S/O LATE H.M. VENKATARAMANAPPA, AGED ABOUT 77 YEARS, RESIDING AT S.M. LAYOUT HOSAKOTE, BENGALURU - 562 114. 4. H.V.RAMESH S/O LATE H.M. VENKATARAMANAPPA Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50363 WP No. 35966 of 2025 AGED ABOUT 72 YEARS R/AT No. 8/43, GANGAMMAGUDI ROAD, BHRAMAKUMARI ROAD, M.V. EXTENSION HOSAKOTE, BENGALURU - 562 114. 5. H.V. THAYAGARAJ S/O LATE H.M. VENKATARAMANAPPA, AGED ABOUT 68 YEARS, R/AT OLD KANNURAHALLI ROAD, M.V. EXTENSION, HOSAKOTE, BENGALURU - 562 114. …PETITIONERS (BY SRI. UDAY HOLLA, SR. COUNSEL FOR SRI. MANJUNATH S.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL-562 110. 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561 203. 3. THE THASILDHAR HOSAKOTE TALUK, HOSAKOTE, BENGLAURU RURAL DISTRICT - 561 203. 4. H.M. JAYAKUMAR S/O LATE H.M. MALLIAH AGED ABOUT 75 YEARS - 3 - HC-KAR NC: 2025:KHC:50363 WP No. 35966 of 2025 5. H.M. MURALI S/O LATE MUNIRATHANA AGED ABOUT 45 YEARS 6. H.M. MUKUNDA S/O LATE MUNIRATHANA AGED ABOUT 44 YEARS 7. H.C. RADHAKRISHNA S/O LATE CHANDRAPPA AGED ABOUT 55 YEARS 8. H.C. RAMESH S/O LATE CHANDRAPPA AGED ABOUT 45 YEARS 9. H.V. MANOHAR S/O LATE VENKATESH AGED ABOUT 30 YEARS 10. H.V. MANOJ S/O LATE VENKATESH AGED ABOUT 30 YEARS ALL THE RESPONDENTS NO.4 TO 10 ARE RESIDING AT S.M. EXTENSION, NEAR INDIAN OIL PETROL BUNK, OLD MADRAS ROAD, HOSAKOTE, BENGALURU - 562 114. 11. H.M. NANDISH S/O LATE H.M. MALLIAH AGED ABOUT 72 YEARS R/AT SUNKALPETE, HOSAKOTE TOWN, BENGALULRU - 562 114. …RESPONDENTS (BY SRI. SHAMANTH NAIK., HCGP FOR R1 TO R3; V/O DATED 03.12.2025, NOTICE TO R4 TO R11 ARE WAIVED) - 4 - HC-KAR NC: 2025:KHC:50363 WP No. 35966 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (1) ISSUE A WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE THE ORDER DATED 15.09.2025 PASSED BY THE RESPONDENT NO.2 IN RA/HOS-201/2024 PRODUCED AT ANNEXURE - A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners have filed the present petition seeking for issuance of writ of certiorari to set aside the order of the Assistant Commissioner at Annexure-A, have also called in question the action of respondent No.1/Deputy Commissioner in refusing to grant interim order of stay of operation of the order of 15.09.2025 of the respondent No.2/Assistant Commissioner. 2. The brief facts relevant for disposal of the present petition is that petitioners are stated to have suffered an adverse order before the Assistant Commissioner, copy of which is produced at Annexure- A. Said order is stated to have - 5 - HC-KAR NC: 2025:KHC:50363 WP No. 35966 of 2025 been passed under Section 136(2) of the Karnataka Land Revenue Act, 1964. As against such order, revision petition was filed before the Deputy Commissioner. 3. Sri. Udaya Holla, learned Senior counsel appearing for Sri. Manjunatha S, counsel for the petitioner submitted that in light of the order of the Assistant Commissioner having adverse effect regarding revenue entries standing in the name of the petitioners, petitioners sought for stay of the order of the Assistant Commissioner in the revision petition. 4. It is submitted that the Deputy Commissioner has merely issued notice without considering request for grant of interim prayer as sought for in the application for stay which was filed along with application for condonation of delay. It is submitted that, if no order is passed as regards the interim application sought for, in effect, the rights of the petitioners would be seriously prejudiced, as despite having availed of remedy of revision petition, the order of the Assistant Commissioner would be given effect to during the pendency of the revision petition. - 6 - HC-KAR NC: 2025:KHC:50363 WP No. 35966 of 2025 5. It would be appropriate noticing that the only grievance of the petitioners that the Deputy Commissioner has not considered application for stay and has not passed any orders regarding the same and in light of apprehension of effect being given to the order of the Assistant Commissioner and revenue entries being changed, it would be appropriate to keep the order of the Assistant Commissioner in abeyance till an order is passed on application for stay filed in the revision petition pending before the Deputy Commissioner. As the order passed is a transitional protection till decision is taken on merits and noticing that the private respondents were not notified as on the date of issuance of notice, it would be appropriate to dispense with notice of the private respondents. Even otherwise as the Deputy Commissioner is directed to consider and pass orders on I.A. No.1 after hearing both sides, no prejudice would be caused by grant of transitional protection as referred to above. Accordingly, the petition is disposed of. The respondent No.1/Deputy Commissioner is directed to consider pending IA for condonation of delay and for stay after hearing both sides - 7 - HC-KAR NC: 2025:KHC:50363 WP No. 35966 of 2025 and till such date there would be stay of the order of the Assistant Commissioner produced at Annexure-A. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE RU List No.: 1 Sl No.: 21