Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:28117 WP No. 25938 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.25938 OF 2022 (KLR-RR/SUR) BETWEEN:
1.
SMT. PUTTAMMA W/O LATE MADEGOWDA @ MADAIAH AGED ABOUT 67 YEARS R/AT NO.7-67, OLD KURUBARA STREET KOLLEGALA TOWN, KOLLEGALA TALUK CHAMARAJANAGARA DISTIRCT CHAMARAJANGARA - 571603.
2.
SRI. M. MAHADEVA S/O LATE L. MADAIAH AGED ABOUT 54 YEARS R/AT NO.7-67, OLD KURBARA STREET KOLLEGALA TOWN, KOLLEGALA TALUK KOLLEGALA.
3. SMT.PREMA W/O LATE M. PARASHIVA AGED ABOUT 43 YEARS R/AT H -1, 5TH CROSS ARVINDA NAGARA JT EXTENSION MYSURU - 570023.
4.
SRI. M. SHANKARA S/O LATE MADAIAH ALIAS MADEGOWDA AGED ABOUT 48 YEARS
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:28117 WP No. 25938 of 2022
R/AT NO.165, 4TH CROSS KAVITHA LAYOUT BENGALURU SOUTH GOVERNMENT ELECTRONIC FACTROY BENGALURU - 560026. …PETITIONERS (BY SRI. MANJUNATH PRASAD V., ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA - 571440.
2.
THE ASSISTANT COMMISSIONER KOLLEGALA SUB DIVION KOLLEGALA - 571440.
3. TAHASILDAR CHARMARAJANAGAR DISTRICT CHAMARAJANAGARA - 571603. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS OF TAHASILDAR AND WHICH WAS APPROVED BY ASSISTANT COMMISSIONER OF KOLLEGAL VIDE ANNEXURE -G BEARING NO.RRT 329 /2017-18 AND ENDORSEMENT IN THIS CONTEXT VIDE ANNEXURE-K DATED 05.11.2020, IN RRT. 01/2020-21. AND FURTHER THE
ORDER PASSED BY THE DEPUTY COMMISSIONER IN RA.NO.
95/2020-21 DATED 12.09.2022 VIDE ANNEXURE-L.
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HC-KAR NC: 2026:KHC:28117 WP No. 25938 of 2022
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Heard learned counsel appearing for the parties.
2. IN this Writ Petition, petitioners are assailing the order dated 12.09.2022 (Annexure-L) passed by respondent No.1.
3. Sri. Manjunath Prasad V., learned counsel appearing for the petitioners contended that, there is non application of mind by respondent No.1 while passing the impugned order at Annexure-L and accordingly, sought for interference of this Court.
4. Per contra, learned Additional Government Advocate sought to justify the impugned order.
5. Having heard the learned counsel appearing for the parties, on careful perusal of the impugned order would indicate that respondent No.1 has observed that the Assistant Commissioner, Kollegal Sub Division, Kollegal has passed the
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HC-KAR NC: 2026:KHC:28117 WP No. 25938 of 2022
order without verifying the records. However, perusal of the impugned order would indicate that there is no reasoned order passed by respondent No.1 and therefore, I am of the view that, that the Deputy Commissioner has passed the order without looking into the entire records and as such, there is non application of mind while passing the impugned order at Annexure- L. Accordingly, I find force in the submission made by the learned counsel appearing for the petitioners.
6. In the result, I pass the following:
ORDER
(i) The Writ Petition is allowed.
(ii) The order dated 12.09.2022 (Annexure-L) passed by the respondent No.1 - Deputy Commissioner, Chamaajanagar District, is hereby set aside and the matter is remitted to respondent No.1 to re-hear the matter and pass reasoned order by looking into entire records with reference to the Karnataka Land Revenue Act, 1964 and relevant Rules Sd/- (E.S.INDIRESH) JUDGE
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