- 1 - HC-KAR NC: 2026:KHC:14699-DB WA No. 1918 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO.1918 OF 2024(LB-RES) BETWEEN: 1. B.V. SHIVSHANKAR S/O. LATE B. VENKATARAMAIAH, AGED ABOUT 71 YEARS, R/AT: NO.1926/3, 3RD CROSS, PRASHANTHANAGAR, BANGALORE-560 079. 2. B.V. UMESH, S/O. LATE B. VENKATARAMAIAH, AGED ABOUT 57 YEARS, R/AT:NO.97, 12TH MAIN, 9TH BLOCK, NAGARABHAVI 2ND STAGE, BANGALORE-560 091. …APPELLANTS (BY SRI. SUBRAMANYA. R, ADVOCATE) AND: 1. THE TAHSILDAR, KUNIGAL TALUK, KUNIGAL, TUMKURU DISTRICT - 572 130. 2. ASSISTANT COMMISSIONER, TUMKUR DIVISION, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14699-DB WA No. 1918 of 2024 TUMKUR - 572 101. 3. CHIEF OFFICER, TOWN MUNCIPALITY, KUNIGAL TOWN, KUNIGAL TALUK, TUMKURU DISTRICT - 572 130. 4. N.V. RADHAKRISHNA, S/O. G. VASUDEVA, AGED MAJOR, R/AT: KRS AGRAHARA, KUNIGAL TOWN, TUMKURU DISTRICT - 572 130. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO 3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 07.03.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.20544/2022 AND ORDER DATED 28.02.2024 PASSED BY THE LEARNED SINGLE JUDGE IN REVIEW PETITION No.399/2023 AND CONSEQUENTLY RESTORE THE WRIT PETITION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2026:KHC:14699-DB WA No. 1918 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE T.M.NADAF) This intra Court appeal is filed by the appellants under Section 4 of the Karnataka High Court, 1961 calling in question, the order dated 07.03.2023 passed by the Learned Single Judge in W.P.No.20544/2022, the impugned order passed in Review petition No.399/2023 dated 28.02.2024. 2. By the impugned order, the learned Single Judge dismissed the petition on the premise that in the event of any order passed, it is likely to affect the interest of respondent No.3, however the appellants have insisted for dispensation of notice to respondent No.3. Appellants were before the Learned Single Judge calling in question for the following reliefs: "Issue a writ of CERTIORARI quashing the endorsement issued by respondent No.2 dated 26.09.2022 vide Annexure-"N" bearing No.PC/RO/CR/75/2022-23. - 4 - HC-KAR NC: 2026:KHC:14699-DB WA No. 1918 of 2024 Issue a writ of MANDAMUS to comply the Judgment and order passed by Respondent No.4, Asst. Commissioner, Tumkur Division, Tumkur District. In MUN(A) No.03/17 dated 18.12.2019 Vide ANNEXURE-"J". Grant any other relief or reliefs which this Hon'ble Court deems fit Judged by the circumstance including cost of above writ petition in the interest of justice." 3. When the matter was listed for "preliminary hearing" before the learned Single Judge, the learned counsel appearing for the appellants had submitted that the notice to respondent No.3 may be dispensed with. The learned Single Judge has found that if any order is passed in the writ petition in the absence of respondent No.3, that may affect the interest of respondent as such no dispensation will be permitted. However, since the appellants were insisting for dispensation of notice, petition was not considered and accordingly, it was dismissed. 4. A review petition came to be filed thereafter calling the order under review, therein also the learned - 5 - HC-KAR NC: 2026:KHC:14699-DB WA No. 1918 of 2024 counsel appearing for the review petitioner insisted for dispensation of notice to respondent No.3. Accordingly, the review petition was also dismissed by imposing costs of Rs.5,000/-. 5. Heard Sri. Subramanya R., learned counsel appearing for the appellants submits that the appellants would take notice for respondent No.3 and since the writ petition was not heard on merits, sought indulgence of this Court to set aside the order passed by Learned Single Judge and remand the matter for fresh consideration on merits. As Sri. Subramanya R., has undertaken that he would take notice against respondent No.3 before the Learned Single Judge and in view of the submission, since the matter was not heard and disposed on merits, we allow this writ appeal and set aside the order passed by the Learned Single Judge dated 07.03.2023 in W.P.No.20544/2022 as well as order dated 28.02.2024 passed by the Learned Single Judge in Review petition No.399/2023. The matter stands remanded to the Learned - 6 - HC-KAR NC: 2026:KHC:14699-DB WA No. 1918 of 2024 Single Judge for fresh consideration on the merits, provided the appellants take notice to respondent No.3. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE BN List No.: 1 Sl No.: 17