Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010247792024 NC: 2026:KHC:42037 WP No. 12026 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.12026 OF 2024 (KLR-LG) BETWEEN:
1.
SRI. D.N. NANJAPPA S/O LATE NARAYANAPPA AND LATE SAKAMMA, AGED ABOUT 55 YEARS, DHANAVAHALLI VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT KOLAR - 563101.
2.
SRI. D.N. DEVARAJ S/O LATE NARAYANAPPA AND LATE SAKAMMA, AGED ABOUT 48 YEARS, DHANAVAHALLI VILLAGE, NARASAPURA HOBLI, KOLAR TALUK - 563133.
3.
SMT. VARALAKSHMI W/O ANAND, D/O LATE NARAYANAPPA, AND LATE SAKAMMA, AGED ABOUT 42 YEARS, R/AT NO.94, JIGALA VILLAGE, YADAVANAHALLI ANEKAL HOBLI, BENGALURU - 562106. …PETITIONERS (BY SRI. BIPIN HEGDE, ADVOCATE FOR
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010247792024 NC: 2026:KHC:42037 WP No. 12026 of 2024
SRI. AVINASH GOWDA G.S., ADVOCATE) AND:
1.
DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR - 563101.
2.
ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR - 563101.
3. THASILDAR KOLAR TALUK KOLAR - 563101. …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 THE RESPONDENT NO.1 IN LND/CR/109/2024 DATED 02.04.2024 PRODUCED AS ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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HC-KAR
CNR: KAHC010247792024 NC: 2026:KHC:42037 WP No. 12026 of 2024
ORAL ORDER In this writ petition, the petitioners are assailing the
order dated 02.04.2024, at Annexure-A passed by respondent No.1.
2. Heard Sri. Bipin Hegde,
learned counsel appearing on behalf of Avinash Gowda G.S. for the petitioners and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for the respondent -State.
3. Sri Bipin, learned counsel for the petitioners, invited the attention of the Court to the impugned order at Annexure-A and submitted that respondent No.1, without assigning any reasons and without considering the issues involved in the case, has considered the appeal memo preferred by the appellant therein and, without assigning any reasons, passed the order at Annexure-A. Hence, he sought for allowing the writ petition.
4. Per contra, Sri. Spoorthy Hegde N., learned High Court Government Pleader for the respondent-State
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HC-KAR
CNR: KAHC010247792024 NC: 2026:KHC:42037 WP No. 12026 of 2024
sought to justify the impugned order passed by the respondent authorities.
5. In the light of the submissions made by the
learned counsel appearing for the petitioners, proceedings in LND.RUO.No.(A)44-10-2018-19 were initiated by respondent No.2 against the mother of the petitioners herein, namely, Sakamma, and the proceedings were concluded on 05.01.2024 vide Annexure-C.
6. The petitioners herein have produced the death certificate of late Sakamma at Annexure-D, which discloses that the petitioners' mother died on 09.12.2021. Therefore, it is contended that the proceedings initiated by respondent No.2 itself are invalid.
7. That apart, on careful consideration of the impugned order at Annexure-A, it is evident that respondent No.1 has merely reproduced the averments made in the appeal memo and, in the last four lines of the impugned order, has arrived at the conclusion that no
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HC-KAR
CNR: KAHC010247792024 NC: 2026:KHC:42037 WP No. 12026 of 2024
acceptable grounds have been urged by the petitioners therein, which is incorrect and warrants interference by this Court.
8. It is a well-established principle of law that reasons are the hallmark of a judgment. Therefore, on these counts, the impugned order is liable to be set aside.
9. In that view of the matter, I pass the following:
ORDER i. The writ petition is allowed. ii. The order dated 02.04.2024 at Annexure-A passed by respondent No.1 and the order dated 05.01.2024 at Annexure-C passed by respondent No.2 are hereby set aside. iii. The matter is remitted to respondent No.2 for reconsideration of the issue afresh, after affording an opportunity of hearing to the petitioners, particularly by
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HC-KAR
CNR: KAHC010247792024 NC: 2026:KHC:42037 WP No. 12026 of 2024
considering the issue involved in the petition as to whether the grantee had excess land as on the date of making the application seeking grant of the land in question, and pass appropriate orders, in accordance with law.
SD/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 4