- 1 - HC-KAR NC: 2026:KHC:35761 WP No. 9184 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.9184 OF 2022 (KLR-RES) BETWEEN: H.R. SHASHIBHUSHAN S/O H.S. RAMAKRISHNA, AGED ABOUT 42 YEARS, R/AT NO.115, AGRAHARA, TUMAKURU TOWN, TUMAKURU-572129. …PETITIONER (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU - 572129. 2. THE ASSITANT COMMISSIONER TUMAKURU SUB-DIVISION, TUMAKURU - 572129. 3. SMT. BHAGYALAKSHMI D/O LATE B. NARASIMHA MURTHY, MAJOR IN AGE. 4. SMT. SAVITHRI DEVI W/O LATE B. NARASIMHA MURTHY, MAJOR IN AGE. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35761 WP No. 9184 of 2022 5. SANIDHYA D/O LATE B. NARASIMHA MURTHY, MAJOR IN AGE. 6. PRAJWAL SIMHA S/O LATE B. NARASIMHA MURTHY, MAJOR IN AGE. 7. B.N. JAYASIMHA S/O LATE B. NARASIMHA MURTHY, MAJOR IN AGE RESPONDENTS NO.3 TO 7 ARE R/AT NO.92, 4TH CROSS, II MAIN, GANGANAGARA, BENGALURU-560032. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 AND R2; SRI. VIKHAR AHMED, ADVOCATE FOR R4; SRI. MADHU R., ADVOCATE FOR R3 AND R7; R5 AND R6 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23.03.2022 IN RP NO.44/2018 ON THE FILE OF THE DEPUTY COMMISSIONER, TUMAKURU DISTIRCT, TUMAKURU PRODUCED AT ANNEXURE-A; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:35761 WP No. 9184 of 2022 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this Writ Petition, petitioner is assailing the orders dated 23.03.2022 in R.P.No.44/3028 on the file of Deputy Commissioner, Tumakuru District as per Annexure-A and the order dated 04.07.2018 in RRT(AA)(Tu):231/2014-15 passed by the Assistant Commissioner, Tumakuru Sub Division, Tumakuru, as per Annexure-B to the Writ Petition. 3. Sri. G. Balakrishna Shastry, learned counsel appearing for the petitioner, referred to the order sheet produced at Annexure-F in proceedings before respondent No.2 and submitted that fair opportunity has not been extended to the petitioner herein to file objections and to contest the appeal on merits and accordingly, sought for interference of this Court. 4. Per contra, learned High Court Government Pleader appearing for the respondent Nos.1 and 2, submitted that respondent No.1, after considering the material on record, has rightly dismissed the Revision Petition filed by the petitioner and accordingly, sought to justify the impugned order. - 4 - HC-KAR NC: 2026:KHC:35761 WP No. 9184 of 2022 5. Having heard the learned counsel appearing for the parties, on careful consideration of the writ papers would indicate that, the mutation made as per Annexure-C was challenged before respondent No.2 in RRT(AA)(Tu):231/2014- 15. The respondent No.2, vide order dated 20.06.2018 has ordered for issue of notice to both parties. However, on the next date of hearing i.e., on 04.07.2018 as per records, has pronounced the order. In that view of the matter, the respondent No.2 being a quasi judicial authority has not followed the Karnataka Land Revenue Rules and without providing opportunity of hearing to the parties, has proceeded to pronounce the order under Section 136(2) of the Karnataka Land Revenue Act, 1964. The proceeding is pari materia with the first appeal before respondent No.2. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner. 6. Accordingly, I pass the following: ORDER (i) Writ Petition is allowed. - 5 - HC-KAR NC: 2026:KHC:35761 WP No. 9184 of 2022 (ii) The order dated 23.03.2022 in R.P.No.44/3028 as per Annexure-A passed by respondent No.1 and the order dated 04.07.2018 in RRT(AA)(Tu):231/2014-15 as per Annexure-B passed by respondent No.2 are hereby set aside. (iii) The matter is remitted to respondent No.2 to reconsider the issue afresh after affording opportunity of hearing to all parties concerned and take decision in the mater in accordance with law. (iv) Since parties are represented through their learned counsel, in order to avoid further delay in the matter, parties are directed to appear before respondent No.2 on 17.08.2026 at 3.00 p.m. On their appearance, respondent No.2 is directed to dispose of the matter at the earliest. (v) I.A.1/2025 filed for early hearing, accordingly, stands allowed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 9