- 1 - HC-KAR NC: 2025:KHC:27328 WP NO.29641 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.29641 OF 2024 (KLR-RES) BETWEEN: AMMAYAMMA SINCE DECEASED BY LRS. 1. SRI. ASHWATHA C. S/O LATE K. CHINNAPPA AGED ABOUT 48 YEARS, R/AT NO.10, 6TH CROSS, 8TH MAIN ROAD, N.H. COLONY, SUBEDARPALYA, YESHWANTHPURA, BENGALURU - 560 022. 2. SMT. C. JAYALAKSHMI D/O LATE K. CHINNAPPA AGED ABOUT 57 YEARS, R/AT NO.284/A-53, GANGADHARA NAGAR, 4TH CROSS, SARAKKI GATE, J.P. NAGAR, 6TH PHASE, BENGALURU SOUTH - 560 078. 3. SRI. SHIVARAJ C. S/O LATE K. CHINNAPPA, AGED ABOUT 53 YEARS, R/AT NO.14/4, HMT MAIN ROAD, 8TH CROSS, GOKUL 1ST STAGE, 2ND PHASE, BENGALURU NORTH. 4. SRI. VASUDEV C. S/O LATE K. CHINNAPPA AGED ABOUT 51 YEARS, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27328 WP NO.29641 OF 2024 R/AT NO.10, 6TH CROSS, 8TH MAIN ROAD, N.H. COLONY, SUBEDARPALYA, BENGLAURU NORTH - 560 022. 5. SMT. SARALADEVI C D/O LATE K. CHINNAPPA AGED ABOUT 43 YEARS, R/AT NO.10, 8TH MAIN ROAD, 6TH CROSS, N.H. COLONY, SUBEDARPALYA, YESHWANTHAPUR, BENGLAURU NORTH - 560 022. …PETITIONERS (BY SRI. V.B. SHIVA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI , BENGALURU - 560 001. REP. BY ITS CHIEF SECRETARY. 2. SPECIAL DEPUTY COMMISSIONER EAST/ANEKAL TALUK BENGALURU NORTH, III FLOOR, OFFICE OF THE DEPUTY COMMISSIONER BENGALURU - 562 106. 3. TAHASILDAR ANEKAL TALUK, ANEKAL, BENGALURU URBAN DISTRICT - 562 106. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) - 3 - HC-KAR NC: 2025:KHC:27328 WP NO.29641 OF 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 14TH OCTOBER, 2019 PASSED IN CASE NO.RRT(2)(A)CR:185/2010-11 BY THE RESPONDNET NO.2 VIDE ANNEXURE-A AND ALL CONSEQUENTIAL PROCEEDINGS IN PURSUANCE TO THE SAID ORDER; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, petitioners are assailing the order dated 14th October, 2019 (Annexure-A) passed by the respondent No.2 in Case No.RRT(2)(A)CR:185/2010-11. 2. Heard Sri. V.B. Shiva Kumar, learned counsel appearing for petitioners and Sri. Manjunath K., learned High Court Government Pleader appearing for respondents. 3. Sri. V.B. Shiva Kumar, learned counsel appearing for petitioners invited the attention of the Court to the order dated 10th April, 2012 (Annexure-E) passed in Case No. RRT(2)(A)CR 185/2010-11 and submitted that the respondent No.2 had become functus offico to pass the impugned order and therefore, the impugned order dated 14th October, 2019 (Annexure-A) passed in very same proceedings is non-est and - 4 - HC-KAR NC: 2025:KHC:27328 WP NO.29641 OF 2024 does not survive for consideration. Accordingly, he sought for interference of this Court. 4. Sri. Manjunath K., learned High Court Government Pleader appearing for respondents sought to justify the impugned order passed by the respondent No.2. 5. In the light for submission made by learned counsel appearing for the parties, on careful examination of the order dated 10th April, 2012 (Annexure-E) passed in Case No. RRT(2)(A)CR:185/2010-11 makes it clear that the respondent No.2 had dropped the proceedings initiated against the petitioners with regard to grant made in favour of the petitioners. In that view of the matter, I am of the view that the very same authority cannot pass any further order in the very same subject land. Though, it is submitted by learned High Court Government Pleader that the second order passed by the respondent No.2 at Annexure-A is nothing but confirming the order, however, the respondent No.2 has become functus officio once the order is passed in the very same proceedings. Therefore, I find force in the submission made by learned counsel appearing for petitioners. - 5 - HC-KAR NC: 2025:KHC:27328 WP NO.29641 OF 2024 Accordingly, Writ petition is allowed. Order dated 14th October, 2019 (Annexure-A) passed by the respondent No.2 in Case No.RRT(2)(A)CR:185/2010-11 is non-est and same is quashed in view of the earlier order passed by the very same Authority on the subject land in qeustion. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 65