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2025 DAILYLAW 88845 (KAR)

SRI.M.V.MANJUNATH v. STATE OF KARNATAKA

WP/32484/2025 · 2025-11-10

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45414 WP No. 32484 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 32484 OF 2025 (KLR-RES) BETWEEN: SRI.M.V.MANJUNATH S/O M.V.SUBASHKUMAR, AGED ABOUT 47 YEARS, RESIDING AT NO. 145, 5TH CROSS, GANDHINAGAR, BENGALURU-560009. …PETITIONER (BY SRI. LOKANATHA K., ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, VIKAS SOUDHA, DR. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE SPECIAL DEPUTY COMMISSIONER-II, BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, BENGALURU-560 009. 3. THE THASILDHAR, BENGALURU SOUTH, Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45414 WP No. 32484 of 2025 KANDAYA BHAVAN, BENGALURU - 560 009. …RESPONDENTS (BY SRI.V SESHU, HCGP) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 02/08/2025 PASSED BY THE RESPONDENT NO.2, I.E., SPECIAL DEPUTY COMMISSIONER-2, BENGALURU URBAN IN CASE NO. RRT 65/2007 AS PER ANNEXURE- E AND CONFIRM THE LAND IN QUESTION IN THE NAME OF PETITIONER IN TERMS OF SALE DEED DATED 06/08/2006 AS PER ANNEXURE-E. 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 petitioner has sought for issuance of a writ of certiorari to set aside the order at Annexure-E, whereby the proceedings under Section 136(3) of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act’) has been allowed and the Tahsildar, Anekal has been directed to restore and mutate the name of Government in the RTC. 2. Though the petitioner has raised various contentions, one of the contentions raised is that, there - 3 - HC-KAR NC: 2025:KHC:45414 WP No. 32484 of 2025 was a breach of principles of natural justice in conduct of proceedings before the Special Deputy Commissioner. 3. The observation made in the order at Annexure-E are perused. It is observed that despite issuance of multiple notices, the petitioner herein who is respondent failed to appear and submit objections and document. 4. Learned counsel for the petitioner submits that in light of the order has been far reaching consequences on the rights of the property and the petitioner purchased through sale deed, the proceedings may be re-opened before the Special Deputy Commissioner and an opportunity be given to put-forth their case on merits. 5. In the light of the order at Annexure-E having been passed noticing that the petitioner herein did not appear or submit objections, it would be appropriate in the interest of justice to set aside the order at Annexure-E and direct the Special Tahsildar to afford an opportunity to the - 4 - HC-KAR NC: 2025:KHC:45414 WP No. 32484 of 2025 petitioner to put forth his case and pass an order on merits. 6. Accordingly, the order at Annexure-E is set aside, without any adjudication into the merits of the contentions and the petitioner is directed to appear before the Special Deputy Commissioner, Bengaluru South Sub Division, Bengaluru Urban District, without further notice on 26.11.2025. Accordingly, writ petition stands disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE NC CT:bms List No.: 1 Sl No.: 9