- 1 - HC-KAR NC: 2025:KHC:28288 WP No. 8301 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.8301 OF 2023 (KLR-RES) BETWEEN: 1. OZONE URBANA INFRA DEVELOPERS PRIVATE LTD COMPANY REGISTERED UNDER COMPANIES ACT 1956, HAVING ITS REGD OFFICE AT NO.38, ULSOOR ROAD, BANGALORE 560042 REP BY ITS AUTHORIZED SIGNATORY BALAJI V., SENIOR DEPUTY GENERAL MANAGER. …PETITIONER (BY SRI. D.R RAVISHANKAR, SENIOR COUNSEL FOR SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARRTMENT OF REVENUE M S BUILDING DR B R AMBEDKAR VEEDHI BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE BEERASANDRA VILLAGE, KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-561203. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28288 WP No. 8301 of 2023 3. THE ASSISTANT COMMISSIONER DODDABALLAUR SUB DIVISION DODDABALLAURA 562103 BANGALORE RURAL DISTRICT. 4. THE TAHSILDAR DEVANAHALLI TALUK DEVANAHALLI BANGALORE RURAL DISTRICT-562103 5. THE ASSISTANT DIRECTOR OF HORTICULTURE DEPARTMENT OF HORTICULTURE FARM, KANNAMANGALA VILLAGE KASABA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562103. 6. SRI. MUNYAPPA S/O MUNI KENCHAPPA AGED : MAJOR R/AT KANANMANGALA VILLAGE KASABA HOBLI DEVANAHALLI TALUK BANGLAORE RURAL DISTRICT-562103. 7. SRI. RAVNDRA KUMAR S/O NARASIMHA MURTHY AGED : MAJOR R/O THAYGARAJANGAR DEVANAHALLI TOWN DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562103. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R5; V/O DATED 24.07.2025 NOTICE TO R6 & R7 IS DISPENSED WITH) - 3 - HC-KAR NC: 2025:KHC:28288 WP No. 8301 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 20.05.2017 PASSED BY THE ASSISTANT COMMISSIONER IN PROCEEDINGS RUC(A) NO.2/2008-9 AS PER ANNX-C AND ALSO THE ORDER DTD 13.06.2022 PASSED BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE IN LND-16/2017 AS PER ANNX-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Sri. Siddarth Babarao, learned Additional Government Advocate accepts notice for respondents 1 to 5. 2. I have heard Sri. D. R. Ravishankar, learned Senior Counsel appearing on behalf of learned counsel Sri. Saravana S., for the petitioner and Sri. Siddarth Baburao, learned Additional Government Advocate appearing for the respondent-State. - 4 - HC-KAR NC: 2025:KHC:28288 WP No. 8301 of 2023 3. In this writ petition, the petitioner is assailing the orders dated 20.05.2017 and 13.06.2022 passed by respondent Nos.2 and 3 produced at Annexure-C and E respectively. 4. Sri. D.R. Ravishankar, learned Senior Counsel for the petitioner by placing reliance on the order dated 13.09.2022 passed in W.P.No.18148 of 2022, submitted that identical matters are questioned before this court in the above writ petition and as per the aforementioned order, this court allowed the writ petition and remanded the matter to Deputy Commissioner, Bangalore to re-consider the appeal filed by the petitioner herein and disposed of the same in terms of the observation made therein. Accordingly, sought for similar relief be extended to the petitioner herein. - 5 - HC-KAR NC: 2025:KHC:28288 WP No. 8301 of 2023 5. Sri. Siddarth Baburao, learned Additional Government Advocate appearing for the respondent- State opposed the submission made by the learned Senior Counsel appearing for the petitioner. 6. Having taken note of the submission made by the learned counsel appearing for the parties, I am of the view that, in an identical matter filed by the very same petitioner herein, this Court has set aside the order dated 13.06.2022 passed by respondent No.2-Deputy Commissioner and remitted the matter to the respondent No.2-Deputy Commissioner. In that view of the matter, without going to the merits of the case, I pass the following: ORDER i) The writ petition is allowed. ii) Order dated 13.06.2022 passed by respondent No.2-Deputy Commissioner and - 6 - HC-KAR NC: 2025:KHC:28288 WP No. 8301 of 2023 District Magistrate (Annexure-E), is hereby set-aside and the matter is remitted to respondent No.2 to re-consider the issue afresh in terms of the declaration of law made by this Court in W.A. No.4450 of 2017 decided on 19.07.2017 (Annexure-F) at the earliest. iii) All the contentions of the parties are kept open. iv) Parties are directed to appearing before the respondent No.2-Deputy Commissioner on 18.08.2025 at 3 pm. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 26