Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29615 WP No. 52474 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION No. 52474 OF 2018 (KLR-RES) BETWEEN:
SMT. PUTTAMMANAMMA, SINCE DEAD BY LR.
1(a) SRI R. SHIVAKUMAR, S/O LATE N. RAJA SETTY, AGED ABOUT 66 YEARS, RESIDING AT No.64/78, SERPENTINE ROAD, KUMARA PARK WEST, SHESHADRIPURAM, BENGALURU-560020. …PETITIONER (BY SRI DEEPAK D.C., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REVENUE DEPARTMENT M.S. BUILDING, 5TH FLOOR DR. AMBEDKAR ROAD, BANGALORE-560 001 REPRESENTED BY ITS SECRETARY.
2.
THE DEPUTY COMMISSIONER CHAMARAJNAGAR DISTRICT CHAMRAJNAGAR-571313.
3.
THE ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION,
Digitally signed by VINUTHA B S Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:29615 WP No. 52474 of 2018
KOLLEGALA571440, CHAMARAJNAGAR DISTRICT.
4.
THE THASILDHAR CHAMARAJNAGAR TALUK CHAMARAJNAGAR DISTRICT-571313. …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 ORDER PASSED BY R-2 IN CASE BEARING No.RRT(MIS) 142/2002-03 ON 19.5.2003 (PRODUCED AT ANNEXURE-B TO THE WRIT PETITION AND TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 01.10.2018 GIVEN BY PETITIONER TO R-2, 3 & 4 WHICH IS PRODUCED AT ANNEXURE-A BY DIRECTING THEM TO RESTITUTE THE ENTRIES IN THE RTC OF THE PETITIONER.
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 for the parties.
2. In this writ petition, the petitioner is assailing the impugned order dated 19.5.2003 (Annexure-B) passed in No.RRT (Mis) 142/2002-03 proceedings, inter alia, sought for a
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HC-KAR NC: 2026:KHC:29615 WP No. 52474 of 2018
direction to the respondents to consider the representation dated 01.10.2018 (Annexure-A).
3.
Learned counsel for the petitioner submitted that the petitioner has not been heard in the matter before passing the impugned order at Annexure-B and therefore sought for interference by this Court.
4. Per contra, learned High Court Government Pleader sought to justify the impugned order.
5. In the light of the submissions made by learned counsel for the parties and a careful consideration of the material on record it indicates that the petitioner herein has not been heard in the matter while passing the impugned order dated 19.05.2003 at Annexure-B. It is also to be noted that the very same proceedings were challenged before this Court in W.P.No.50774/2019 and this Court vide
order dated 19.08.2021 has quashed the very same RRT proceedings by observing as under;
"2. Having heard the learned counsel for the parties and having perused the petition papers, this Court is
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HC-KAR NC: 2026:KHC:29615 WP No. 52474 of 2018
inclined to grant indulgence in the matter as under and for the following reasons: a) the impugned order of the Assistant Commissioner dated 19.05.2003, a copy whereof is at Annexure-J is in the nature of the Order Giving Effect To the direction of the Deputy Commissioner said to have been issued on 10.01.2003; apparently no notice had been issued to the petitioners as rightly contended by their learned counsel; since their names were not continued in the Revenue Records after the computerization although their names did earlier exist in terms of registered Sale Deeds dated 13.07.1984 & 18.08.1994 copies whereof are at Annexures-B & C, respectively;
b) there is force in the vehement contention of the learned counsel for the petitioners that the order of the Assistant Commissioner arguable is issued under Section 136(2) of the Karnataka Land Revenue Act, 1964 suo-moto without jurisdiction when there was no appeal filed as such; he adds that the Deputy Commissioner has revisional jurisdiction that can exercised suo-moto in terms of Section 136(3); be that as it may; justice of the case warrants that the matter being remitted for reconsideration
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HC-KAR NC: 2026:KHC:29615 WP No. 52474 of 2018
with some interim reprieve in terms of entries in the Revenue Records. c) Orders passed by the authorities sans notice to necessary parties are violative of principles of natural justice and the petitioners have approached the court immediately after coming to know of the same; thus the argument of delay and latches pales into insignificance. In the above circumstances, this writ petition succeeds; impugned orders are set at naught; matter is remitted to Deputy Commissioner for consideration afresh. The entries in the Revenue Records as they existed pursuant to the subject Registered sale Deeds shall be restored and continued, subject to out come of the proceedings at the hands of the Deputy Commissioner. All contentions of the parties are kept open."
6.
Following the declaration of law laid down by this Court, I am of the view that, the impugned order dated 19.05.2003 passed by respondent No.2 is hereby quashed and the matter
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HC-KAR NC: 2026:KHC:29615 WP No. 52474 of 2018
is remitted to respondent No.2 for considering afresh after affording an opportunity of hearing to all the parties concerned. Needless to say that, the entries in the revenue records, as it existed before the impugned order dated 19.05.2003, shall be maintained by the respondent authorities. 7. With these observations, the writ petition stands
disposed of.
Sd/- (E.S.INDIRESH) JUDGE
MV List No.: 1 Sl No.: 57