- 1 - HC-KAR NC: 2026:KHC:30234 WP No. 17303 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17303 OF 2026 (GM-RES) BETWEEN: 1. KEMPANNA S/O LATE ERAIAH AGED ABOUT 50 YEARS, RESIDING AT TIPPUR VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572 216. 2. CHANDRAIAH, S/O LATE ERAIAH, AGED ABOUT 32 YEARS, RESIDING AT TIPPUR VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572 216. 3. KEMPA SIDDAIAH, S/O LATE SIDDAPPA, RESIDING AT GADIYANKANA HALLI VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572 216. …PETITIONERS (BY SRI. RADHAKRISHNA HOLLA A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY UNDER SECRETARY TO HOME AFFAIRS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30234 WP No. 17303 of 2026 M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER AND SUB DIVISIONAL MAGISTRATE, TUMKUR SUB-DIVISION, TUMKUR - 572 101. 3. THE TAHSILDAR, GUBBI TALUK, TUMKUR - 572 101. 4. SRI. MALLIKARJUNA A, S/O LATE ALE GOWDA, AGED 44 YEARS, RESIDING AT CHELUR VILLAGE, CHELUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572 107. …RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH, AGA FOR R1 TO R3; NOTICE TO R4 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) RECALL THE ORDER DATED 15/04/2026 PASSED IN WP NO. 6822/2026 (GM-RES) ANNX-E AND ii) HEAR THE CASE ON MERITS GIVING AN OPPORTUNITY TO THE PETITIONERS TO FILE THEIR STATEMENT OF OBJECTIONS TO THE WRIT PETITION AND DECIDE THE CASE ON MERITS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:30234 WP No. 17303 of 2026 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3. 2. Notice to respondent No.4 is dispensed with in view of the proposed order to be passed. 3. Petitioner is before this Court seeking for the following reliefs: Wherefore the petitioner prays that this Hon'ble Court be pleased to issue a writ of certiorari or any other appropriate writ or order and a. Recall the order dated 15.04.2026 passed in W.P.No.6822/2026 (GM-RES), Annexure-E and b. hear the case on merits giving an opportunity to the petitioners to file their statement of objections to the writ petition and decide the case on merits and c. pass such other order deemed fit having regard to the facts and circumstances of the case including costs of this proceeding. 4. What has been challenged in this petition is a final order dated 15.04.2026 passed in W.P.No.6822/2026. If at all the petitioner is aggrieved by the same, the petitioner would have to challenge the said order in an appeal by seeking permission to prosecute the matter. - 4 - HC-KAR NC: 2026:KHC:30234 WP No. 17303 of 2026 5. A writ petition to recall a final order passed by a co- ordinate bench is not maintainable. 6. Reserving such liberty, petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 3