- 1 - HC-KAR NC: 2026:KHC:25792 WP No. 14863 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.14863 OF 2025 (KLR-RES) BETWEEN: 1. SRI. V.S. BALASUBRAMANYAM S/O LATE SHESHA IYER AGED ABOUT 80 YEARS, RESIDING AT NO.13, 4TH MAIN, 1ST CROSS, 3RD FLOOR, CHAMRAJPET BENGALURU - 560018. 2. SMT. KALAVATHI W/O SRI V S BALASUBRAMANYAM AGED ABOUT 58 YEARS RESIDING AT NO. 13, 4TH MAIN, 1ST CROSS, 3RD FLOOR, CHAMRAJPET BENGALURU - 560018. …PETITIONERS (BY SRI. SANTHOSH S. GOGI, ADVOCATE FOR SRI. SHARATH S. GOGI, ADVOCATE (VC)) AND: 1. THE DEPUTY COMMISSIONER KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA BENGALURU URBAN DISTRICT Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25792 WP No. 14863 of 2025 BENGALURU - 560009. 2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION, II FLOOR, KANDAYA BHAVAN K.G.ROAD BENGALURU - 560009. 3. THE SPECIAL LAND ACQUISITION OFFICER KIADB METRO, NRUPATUNGA ROAD BENGALURU - 560001. 4. TAHSILDAR BANGALORE SOUTH TALUK, BENGALURU - 560 009. 5. SRI. T. CHANDRAKUMAR S/O LATE THIMMIAH AGED ABOUT 49 YEARS R/A NO. 954, 3RD MAIN, VIJAYANAGAR BENGALURU - 560040. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1, R2 & R4; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R3 R5 SERVICE OF NOTICE HELD SUFFICIENT V/O DATED 23.02.2026) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AND SETTING ASIDE THE ORDER DATED 05.02.2024 DISMISSAL OF R.P. NO.130/2018 (ANNEXURE -F) AND ALLOW THE PETITION AND RESTORE THE ABOVE R.P. NO.130/2018 OR ALTERNATIVE ISSUE A WRIT OF MANDAMUS DIRECTING - 3 - HC-KAR NC: 2026:KHC:25792 WP No. 14863 of 2025 THE RESPONDENT NO. 1 TO CONSIDER THE PENDING INTERIM APPLICATION (ANNEXURE G) OF R.P. NO.130/2018 DATED 06.07.2024. 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 Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioners have assailed the order dated 05.02.2024 passed in R.P. No. 130/2018, produced at Annexure-F, by Respondent No. 1. 3. Sri. Santhosh Gogi, learned counsel appearing for the petitioners, by referring to the order sheet maintained in the proceedings and produced at Annexure-F, submitted that the 1st petitioner, who is - 4 - HC-KAR NC: 2026:KHC:25792 WP No. 14863 of 2025 aged about 84 years, has been diligently prosecuting the matter and has been continuously appearing before the authority, however, on 05.02.2024, owing to age-related ailments and health issues, he could not appear before the authority, resulting in the passing of the impugned order. Accordingly, he sought interference of this Court. 4. Per contra, Sri P.V. Chandrashekar, learned counsel appearing for the KIADB, and the learned Additional Government Advocate sought to justify the impugned order passed by Respondent No. 1. 5. Having considered the submissions made by the learned counsel appearing for the parties and upon careful perusal of the order sheet maintained in R.P. No. 130/2018, this Court notices that on a substantial number of hearing dates, no effective proceedings have been undertaken as the Presiding - 5 - HC-KAR NC: 2026:KHC:25792 WP No. 14863 of 2025 Officer was engaged in administrative work. The order sheet further discloses that the matter has been pending for a considerable period of time. 6. Taking into consideration the advanced age of the petitioner, who is stated to be 84 years old, and the fact that the 1st petitioner has been regularly prosecuting the proceedings, this Court finds merit in the submissions made on behalf of the petitioners. Therefore, the impugned order calls for interference in this writ petition. Accordingly, I pass the following: ORDER (i) The writ petition is allowed. (ii) The order dated 05.02.2024 passed in R.P. No. 130/2018, produced at Annexure-F, by Respondent No. 1, is hereby set aside. - 6 - HC-KAR NC: 2026:KHC:25792 WP No. 14863 of 2025 (iii) Respondent No. 1 is directed to restore R.P. No. 130/2018 to its original file. (iv) Respondent No.1 shall issue notice to all concerned parties and proceed with the matter in accordance with law. (v) Having regard to the advanced age of the petitioner, Respondent No. 1 shall make an endeavour to dispose of R.P. No. 130/2018 as expeditiously as possible. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 59