- 1 - HC-KAR NC: 2025:KHC:53842 WP No. 37913 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 37913 OF 2025 (KLR-RES) BETWEEN: 1. SRI LAKSHMINARAYANA S/O SURYA NARAYANA CHARI, AGED ABOUT 64 YEARS, 2. SMT. NAGARATNA D/O SURYA NARAYANA CHARI, AGED ABOUT 61 YEARS, 3. SMT. VIMALA W/O LATE GURAPPA CHARI, AGE ABOUT 50 YEARS, 4. SRI ARJUN G. S/O LATE GURAPPA CHARI, AGED ABOUT 34 YEARS, 5. SMT. LEELAVATHI D/O SURYA NARAYANA CHARI, AGED ABOUT 54 YEARS, 6. SMT. GEETA D/O SURYA NARAYANA CHARI, AGED ABOUT 49 YEARS, PETITIONERS NO.1 TO 6 ARE RESIDING AT NO.21, 2ND CROSS, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53842 WP No. 37913 of 2025 HOSAKEREHALLY NEAR ESHWARI SCHOOL, BENGALURU - 560085. 7. SRI SURESH BABU S/O LATE SIDDAPPA CHARI, AGED ABOUT 55 YEARS, 8. SRI MADHUSUDHAN S/O LATE SIDDAPPA CHARI, AGED ABOUT 53 YEARS, 9. SMT. VIJAYA LAKSHMI D/O LATE SIDDAPPA CHARI, AGED ABOUT 51 YEARS, 10. SRI SOMASHEKAR S/O LATE SIDDAPPA CHARI, AGED ABOUT 49 YEARS, 11. SRI TULASIRAM S/O LATE SIDDAPPA CHARI, AGED ABOUT 47 YEARS, PETITIONERS NO.7 TO 11 ARE RESIDING AT NO.21, OPPOSITE GOVERNMENT SCHOOL, HOSAKEREHALLY, BANASHANKARI III STAGE, BANGALORE - 560085. 12. SMT. VIMALA D/O LATE SRI RAJASHEKARA CHARI, AGED ABOUT 54 YEARS, - 3 - HC-KAR NC: 2025:KHC:53842 WP No. 37913 of 2025 13. SMT. VANAJA D/O LATE SRI RAJASHEKARA CHARI, AGED ABOUT 52 YEARS, 14. SMT. LAKSHMI D/O LATE SRI RAJASHEKARA CHARI, AGE ABOUT 50 YEARS, PETITIONERS NO.12 TO 14 ARE RESIDING AT NO.48, PACHASHIL NAGAR, MOODLAPALYA, BANGALOER - 560078. …PETITIONERS (BY SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR SRI. V RAVI PRAKASH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BANGALORE - 560009. 2. THE ASSISTANT COMMISSIONER, BANGALORE SOUTH SUB DIVISION, BANGALORE - 560009. 3. THE TAHSILDAR, BANGALORE SOUTH TALUK, KANDAYA BHAVANA, K G ROAD, BANGALORE - 560009. 4. SRI BYRAPPA S/O LATE PATEL BYRAPPA, MAJOR, RESIDING AT NO.328, 2ND PHASE, 1 ROAD, NEAR NIMISHAMBA TEMPLE, - 4 - HC-KAR NC: 2025:KHC:53842 WP No. 37913 of 2025 IDEAL HOMES, R. R. NAGAR, BANGALORE - 560098. 5. SRI B. THAMMAIAH S/O LATE BYRAPPA, MAJOR, RESIDING AT NO.23, NAYANDANAHALLI, MYSORE ROAD, BANGALORE - 560029. 6. SRI KEMPANNA @ KEMPAIAH S/O PILLAPPA, MAJOR, RESIDING AT PANTHARAPALYA, KENGERI HOBLI, BANGALORE SOUTH TALUK, PIN CODE - 560039. 7. SRI DODDAJAVARAIAH @ JAVAREGOWDA S/O NANJUNDAPPA, MAJOR, RESIDING AT HOSKEREHALLI VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, PIN CODE - 560085. 8. MR. G. CHANNARAYAPPA S/O LATE GUMMAYYA, MAJOR 9. MRS. D. MUNIYAMMA WIFE OF MR. G. CHANNARAYAPPA, MAJOR - 5 - HC-KAR NC: 2025:KHC:53842 WP No. 37913 of 2025 10. MR. SANDEEP, S/O MR. G. CHANNARAYAPPA, MAJOR, 11. MR. MADHUSUDHAN S/O MR. G. CHANNARAYAPPA, MAJOR, 12. MR. CHETHAN, S/O G. CHANNARAYAPPA, MAJOR, RESPONDNETS NO.8 TO 12 ARE ALL RESIDING AT DOOR NO.21, PANTARPALLYA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560039. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R3; SRI. R.B. SADASIVAPPA, ADVOCATE FOR SRI. GANESH P., ADVOCATE FOR R4 AND R5; NOTICE TO R6 TO R12 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER ON IA NO.1 DATED 28.11.2025 PASSED BY HON'BLE KARNATAKA APPELLATE TRIBUNAL IN REV.RVN.PET NO.235/2025 (CH-1) AND CONSEQUENTLY ALLOW IA NO.1 FILED BY THE PETITIONERS CONSIDERING THE FACTS OF THE CASE AND TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:53842 WP No. 37913 of 2025 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned Additional Government Advocate accepts notice for respondents No.1 to 3. Learned counsel Sri. Ganesh P. has entered caveat for respondents No.4 and 5. A memo is filed seeking dispensation of notice. Accordingly, notice is dispensed with as regards respondents No.6 to 12 as the petitioners submit that their only grievance is addressed as against respondents No.4 and 5. 2. The present petition has been filed by the petitioners seeking for setting aside of the order passed on I.A.No.1 dated 28.11.2025 passed by the Karnataka Appellate Tribunal (for short 'the KAT') in Revenue Revision Petition No.235/2025 and has sought for allowing of I.A.No.1 filed by the petitioners before the Karnataka Appellate Tribunal. - 7 - HC-KAR NC: 2025:KHC:53842 WP No. 37913 of 2025 3. It is to be noticed that the petitioners had filed the revenue revision petition challenging the order of the Deputy Commissioner. Along with the appeal memorandum they had filed I.A.No.1 under Regulation 13 of the KAT Regulations, seeking stay of the impugned order. 4. It is noticed that the Appellate Tribunal by a detailed considered order has dismissed the application. Various contentions have been raised by the learned Senior Counsel Sri. M.R. Rajagopal appearing on behalf of the petitioners assailing the order passed on I.A.No.1. After hearing the matter for sometime, it is submitted that if respondents No.4 and 5 would not create any third party rights, then their grievance would stand redressed for the present. 5. Learned counsel Sri. R.B. Sadasivappa appearing on behalf of counsel appearing for respondents No.4 and 5, submits that they do not intend to create third - 8 - HC-KAR NC: 2025:KHC:53842 WP No. 37913 of 2025 party rights during the pendency of the revision petition before the KAT. 6. In light of the stand of both sides noticed above, while directing the respondents No.4 and respondent No.5 not to create third party rights during the pendency of the revision proceedings before the KAT, the petition itself is disposed of. 7. The order passed could be in operation till the conclusion of the proceedings before the KAT. All other contentions on merits are kept open. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR