Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46943 WP No. 16957 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. 16957 OF 2025 (KLR-RES) BETWEEN:
1.
SMT JAYALAKSHMI W/O. LATE SRI. G. SRINIVASA MURTHY AGED ABOUT 43 YEARS, RESIDING AT NO. 53, 1ST MAIN ROAD, PARVATHIPURAM, V. V. PURAM, BENGALURU-560 004 REPRESENTED BY HER GPA HOLDER SRI. PARAMESH T … PETITIONER (BY SRI. SRINIVASA RAGHAVAN, SENIOR ADVOCATE FOR SRI ADITYA BHAT., ADVOCATE) AND:
1.
THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB-DIVISION, BENGALURU-560 018
2.
THE TAHASILDAR ANEKAL TALUK, ANEKAL, BENGALURU DISTRICT - 562 106
3.
SRI. MUNIKRISHNAPPA S/O. LATE CHIKKAMUNISWAMY AGED MAJOR SINCE DECEASED, REPRESENTED Digitally signed by VIJAYA P Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:46943 WP No. 16957 of 2025 BY HIS ONLY LEGAL REPRESENTATIVE RESPONDENT NO.7
4.
SRI. RAMAKRISHNAPPA S/O. LATE SRI. MUNIRAMAIAH AGED MAJOR
5.
SRI. MUNESH S/O. LATE SRI. MUNIRAMAIAH AGED MAJOR
6.
SRI. VENKATESH S/O. LATE SRI. MUNIRAMAIAH AGED MAJOR
7.
SMT. AMMAIAHMMA C/O. LATE SRI. MUNIKRISHNAPPA AGED MAJOR
8.
SMT. KALAVATHI W/O. LATE NAGARAJU AGED MAJOR
9.
SRI. ANIL KUMAR S/O. LATE SRI. NAGARAJU AGED MAJOR
10.
SRI. MUNIKRISHNA CM S/O SRI. CHIKKAMUNISHAMAPPA AGED MAJOR
11.
SRI. SRINIVASA S/O. LATE KAVERAPPA AGED MAJOR
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HC-KAR NC: 2025:KHC:46943 WP No. 16957 of 2025
12.
SRI. AMBARISH S/O. SRI. SRINIVASA AGED MAJOR
13.
SRI. HARISH S/O. SRI. SRINIVASA AGED MAJOR
14.
SRI. SATHISH S/O. SRI. SRINIVASA AGED MAJOR ALL ARE RESIDING AT CHIKKANAGAMANAGALA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 562 125 … RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 & R2;
SRI PRASANNA KUMAR, ADVOCATE FOR R4 TO R7, R10, R11, R12, R14;
V/O DATED 18.07.2025, R7 IS TREATED AS LRS OF DECEASED R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DATED 04.06.2025 IN R.A. (A) 183/2025 PASSED BY THE R1 PRODUCED AT ANNEXURE-C AND ETC.
THIS PETITION COMING ON FOR HEARING THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
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HC-KAR NC: 2025:KHC:46943 WP No. 16957 of 2025 ORAL ORDER
The present petition has been filed seeking for setting aside of the order at Annexure-C.
2. Sri. V. Srinivasa Raghavan, learned Senior Counsel appearing for the petitioner submits that R.A.No.183/2025 came to be allowed as per the order at Annexure-A on 02.05.2025 and revenue records were effected pursuant to the said order. Thereafter on 04.06.2025, it is submitted that the Assistant Commissioner has reopened the proceedings and recalled the earlier order dated 02.05.2025 without notice to the petitioner.
3. It is submitted that by virtue of the order at Annexure-C, the earlier order allowing the appeal has now been dismissed.
4. Though learned counsel appearing for private respondents has raised various contentions, only on the point that the order at Annexure-C could not have been
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HC-KAR NC: 2025:KHC:46943 WP No. 16957 of 2025 passed without notice to the petitioner, the order at Annexure-C is set aside.
5. It is clarified that the order is passed taking note of the contention that the order at Annexure-C has been passed without adhering to the principles of natural justice.
6. Various contentions have been raised by the petitioner including that the power of review cannot be exercised even if proceedings at Annexure-C were to have been initiated with prior notice. The contention of the private respondents that the order at Annexure-A is without notice and passed against a dead person, is kept open. All contentions are kept open.
7. Accordingly, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP