- 1 - HC-KAR CNR: KAHC010171442023 NC: 2026:KHC:39827 WP No. 7526 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 7526 OF 2023 (KLR-RES) BETWEEN: 1. SMT. SHOBHA D/O LATE GANGANARASAIAH W/O PUTTARAJU AGED ABOUT 35 YEARS R/A 4, IST FLOOR, HONNAIAH BUILDING NEAR SBI BANK, HONGASANDRA BENGALURU RURAL PIN CODE-562123. 2. SMT. BHAVYA D/O LATE GANGANARASAIAH AGED ABOUT 33 YEARS R/A BOLAMARANAHALLI VILLAGE KASABA HOBLI, NELAMANGALA TALUK PINCODE-562162. 3. SMT. JAYALAKSHMAMMA @ JAYAMMA W/O LATE GANGANARASAIAH AGED ABOUT 50 YEARS R/A BOLAMARANAHALLI VILLAGE KASABA HOBLI, NELAMANGALA TALUK PINCODE-562162. 4. SMT. PAVITHRA W/O RANJITH D/O LATE GANGANARASAIAH AGED ABOUT 28 YEARS R/A THYAMAGONDALU VILLAGE KASABA HOBLI Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010171442023 NC: 2026:KHC:39827 WP No. 7526 of 2023 NELAMANGALA TALUK PINCODE-562162 5. SRI. TEJAS S/O LATE GANGANARASAIAH AGED ABOUT 26 YEARS R/A THYAMAGONDALU VILLAGE KASABA HOBLI, NELAMANGALA TALUK PINCODE-562 162. 6. SRI. NARASIMHAMURTHY S/O NARASAIAH AGED ABOUT 54 YEARS R/A BOLAMARANAHALLI VILLAGE KASABA HOBLI, NELAMANGALA TALUK PINCODE-562162. …PETITIONERS (BY SRI. P.M. GOPI, ADVOCATE FOR SRI. SIDDAMALLAPPA .P.M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT PINCODE-572101. 3. THE ASSISTANT COMMISSIONER TUMKUR SUB DIVISION TUMKUR DISTRICT PINCODE-572101. - 3 - HC-KAR CNR: KAHC010171442023 NC: 2026:KHC:39827 WP No. 7526 of 2023 4. THE TAHSILDAR TUMKUR TOWN, TUMKUR PINCODE-572 101. 5. SMT. PUTTALAKSHMAMMA W/O LATE HANUMANTHARAYAPPA AGED ABOUT 50 YEARS R/A YELLAPURA VILLAGE GOLUR HOBLI, TUMAKURU TALUK PINCODE-572118. 6. SRI. GIRISH S/O LATE HANUMANTHARAYAPPA AGED ABOUT 30 YEARS R/A YELLAPURA VILLAGE GOLURU HOBLI, TUMAKURU TALUK PINCODE-572118. 7. SRI. MANJUNATH S/O LATE HANUMANTHARAYAPPA AGED ABOUT 28 YEARS R/A YELLAPURA VILLAGE GOLURU HOBLI, TUMAKURU TALUK PINCODE-572 118. …RESPONDENTS (BY SRI. SPOORTHY HEGDE .N, HCGP FOR R1 TO R4; SRI. RAJESH .A, ADVOCATE FOR R5 TO R7) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 13.03.2023 PASSED BY THE 2ND RESPONDENT IN R.P.NO.48/2011-12 AS PER ANNEXURE-1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 4 - HC-KAR CNR: KAHC010171442023 NC: 2026:KHC:39827 WP No. 7526 of 2023 ORAL ORDER In this writ petition, the petitioners are assailing the order dated 13.03.2023 (Annexure-J) passed by respondent No.2 in R.P.No.48/2011-12. 2. Heard Sri.P.M.Gopi, learned counsel appearing on behalf of Sri.P.M.Siddamallappa, learned counsel appearing for the petitioners, Sri.Spoorthy Hegde N, learned HCGP appearing for respondent Nos.1 to 4 and Sri.Rajesh A, learned counsel appearing for respondent Nos.5 to 7. 3. On careful consideration of the impugned order at Annexure-J, it would indicate that the controversy between the parties cannot be adjudicated unless the legal representatives of late Ganganarasaiah are brought on record and afforded an opportunity to contest the matter on merits. It is also to be noted that the trial Court, in O.S.No.314/2007, has decreed the suit filed by the father of petitioner Nos.1, 2, 4 and 5 herein. - 5 - HC-KAR CNR: KAHC010171442023 NC: 2026:KHC:39827 WP No. 7526 of 2023 4. In that view of the matter, without expressing any opinion on the merits of the case, I am of the view that in the event if an opportunity is afforded to the legal representatives of late Ganganarasaiah by respondent No.2 - Deputy Commissioner, the controversy between the parties can be effectively adjudicated. 5. Accordingly, I pass the following; ORDER (i) The writ petition is allowed. (ii) The order dated 13.03.2023 (Annexure-J) passed by respondent No.2 in R.P.No.48/2011-12 is hereby set-aside and the matter is remitted to respondent No.2 - Deputy Commissioner to reconsider the issue afresh after affording an opportunity of hearing to all the parties, including the legal representatives of late Ganganarasaiah, who are the petitioners herein. (iii) Since the parties are represented by their learned counsels, they are directed to appear before respondent No.2 - Deputy - 6 - HC-KAR CNR: KAHC010171442023 NC: 2026:KHC:39827 WP No. 7526 of 2023 Commissioner on 27.08.2026 at 3.00 p.m. without awaiting any further notice. (iv) On their appearance, respondent No.2 shall conclude the matter at the earliest within a period of four months from the date of receipt of the order. (v) All contentions of the parties are kept open. (vi) Till the conclusion of the proceedings before respondent No.2 - Deputy Commissioner, the interim order granted by this Court on 13.04.2023 shall remain in force and shall enure to the benefit of the petitioners. (vii) Pending interlocutory applications, if any, do not survive for consideration since the matter is remanded to respondent No.2 - Deputy Commissioner. Sd/- (E.S.INDIRESH) JUDGE NBM List No.: 1 Sl No.: 2