- 1 - HC-KAR CNR: KAHC010713252024 NC: 2026:KHC:36001 WP NO.35583 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.35583 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SMT. AKBARI BEGAUM LATE AZMATH ASIF I. NAWAB, AGED ABOUT 59 YEARS. 2. MISS. SADIQA A.N. D/O LATE AZMATH ASIF I. NAWAB, AGED ABOUT 21 YEARS. 3. MASTER SHERKHAN A. NAWAB, S/O LATE AZMATH ASIF I. NAWAB, AGED ABOUT 16 YEARS. MINOR, REP. BY MOTHER AND NATURAL GUARDIAN SMT. AKBARI BEGAUM (PETITIONER NO.1). 4. SRI. RAFATULLA KHAN I.N. S/O LATE S.S. INAYATHULLAKHAN @ NAWAB ZADA INAYATHULLAKHAN, AGED ABOUT 61 YEARS. ALL ARE RESIDING AT: T.M. ROAD, HONNALI, DAVANAGERE DISTRICT - 577 217. …PETITIONERS (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REFVENUE, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010713252024 NC: 2026:KHC:36001 WP NO.35583 OF 2024 M.S. BUILDING, DR. AMVBEDKAR VEEDHI, BENGALURU - 560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, HARIHARA ROAD, KARURU INDUSTIRAL AREA, DAVANAGERE - 577 004. 3. THE ASSISTANT COMMISSIONER HONNALI SUB-DIVISION, NEAR IB, HONNALI, DAVANAGERE DISTRICT - 577 217. 4. THE TAHASILDAR HONNALI TALUK, HONNALI, DAVANAGERE DISTRICT - 577 217. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP) THIS WRIT PETITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET-ASIDE THE ORDER DATED 25TH SEPTEMBER, 2024 PASSED BY THE RESPONDENT NO.2-DEPUTY COMMISSIONER, DAVANAGERE DISTRICT IN CASE NO.RA-CR-147/2023-24 VIDE ANNEXURE- E; SET-ASIDE THE ORDER DATED 27TH DECEMBER, 2023 PASSED BY THE RESPONDENT NO.3-ASSISTANT COMMISSIONER, HONNALI SUB-DIVISION IN CASE NO.R.R.T.C.R/11/2022-23 VIDE ANNEXURE-C; AND ETC. 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 - 3 - HC-KAR CNR: KAHC010713252024 NC: 2026:KHC:36001 WP NO.35583 OF 2024 ORAL ORDER In this petition, petitioners are challenging the order dated 25th September, 2024 (Annexure-E) passed by the respondent No.2-Deputy Commissioner in Case No.RA-CR- 147/2023-24 and order dated 27th December, 2023 (Annexure- C) passed by the respondent No.3-Assistant Commissioner in Case No.R.R.T.C.R/11/2022-23. 2. Heard Sri. V.B. Siddaramaiah, learned counsel appearing for petitioners and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents. 3. Sri. V.B. Siddaramaiah, learned counsel appearing for petitioners, by referring to the order dated 27th December, 2023 (Annexure-C) passed by the respondent No.3 in Case No.R.R.T.C.R/11/2022-23 contended that the finding recorded by the respondent No.3 requires to be reconsidered in respect of the petitioners since the notice has not been issued to the petitioners in the said proceedings. 4. By referring to the RTC Extracts produced at Annexure-A series, learned counsel appearing for petitioners - 4 - HC-KAR CNR: KAHC010713252024 NC: 2026:KHC:36001 WP NO.35583 OF 2024 submits that the petitioners are proper and necessary parties to be heard in the proceedings before the respondent No.3. Accordingly, he sought for interference of this Court. 5. Per contra, Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents submitted that, as per the finding recorded by the respondent No.2-Deputy Commissioner in the impugned order dated 25th September, 2024 (Annexure-E), notice has been issued to the petitioners. Accordingly, he sought to justify the impugned orders passed by the respondent-Authorities. 6. In the light of submission made by learned counsel appearing for the parties, on careful consideration of finding recorded by the respondent No.3 in the impugned order dated 27th December, 2023 (Annexure-C) in Case No.R.R.T.C.R/11/2022-23, I am of the view that the respondent No.3 ought to have issued notice and duly served to the petitioners before taking decision in the matter, however, the same has not been done. Therefore, the fair opportunity has to be extended to the petitioners to say in the matter. It is also forthcoming from the writ petition that the portion of the land - 5 - HC-KAR CNR: KAHC010713252024 NC: 2026:KHC:36001 WP NO.35583 OF 2024 in question has been acquired and compensation has been awarded by virtue of order dated 03rd March, 2012 (Annexure- B). On perusal of the RTC Extracts produced at Annexure-A series, it is forthcoming that the petitioners are in possession. Therefore, the respondent No.3 ought to have heard the petitioners in the impugned proceedings at Annexure-C. Accordingly, I pass the following: O R D E R (i) Writ Petition allowed; (ii) Order dated 25th September, 2024 (Annexure- E) passed by the respondent No.2 in Case No.RA-CR-147/2023-24 and order dated 27th December, 2023 (Annexure-C) passed by the respondent No.3 in Case No.R.R.T.C.R/11/2022-23 are hereby set-side; and matter is remitted back to the respondent No.3 to reconsider the case of petitioners afresh and take decision in the matter, after providing an opportunity of hearing to the petitioners in accordance with law; (iii) In order to avoid further delay in the matter, petitioners are directed to appear before the - 6 - HC-KAR CNR: KAHC010713252024 NC: 2026:KHC:36001 WP NO.35583 OF 2024 respondent No.3 on 17th August, 2026 and the respondent No.3 shall consider the claim of the petitioners and take decision in the matter in accordance with law at the earliest. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 50