- - HC-KAR CNR: KAHC010560022023 NC: 2026:KHC:43922 WP No. 24300 of 2023 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.24300 OF 2023 (KLR-RES) BETWEEN: 1. SRI. M. PILLAPPAIAH AGED ABOUT 70 YEARS S/O LATE MUNIYAPPA. 2. SMT. SURYAKANTHAMMA AGED ABOUT 67 YEARS W/O PILLAPPAIAH PETITIONERS NO. 1 AND 2 ARE RESIDING AT THANISANDRA VILLAGE, K R PURAM HOBLI, BENGALURU EAST TALUK -560075. 3. SMT. P. VANITHA AGED ABOUT 45 YEARS, W/O B.M. SRINIVAS D/O M. PILAPPAIAH RESIDING AT NO.181/2 1ST CROSS, SHANKARNAGARA, SAHAKARANAGAR DOMMALURU BENGALURU - 560075. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - - HC-KAR CNR: KAHC010560022023 NC: 2026:KHC:43922 WP No. 24300 of 2023 2 4. SMT. D. SUCHITHRA AGED ABOUT 40 YEARS, W/O RAMESH BABU D/O M PILLAPPAIAH RESIDING AT NO.5/3, GURU MURTHY STREET, ULSOOR, BENGALURU - 560008 5. SMT. P. DEEPA AGED ABOUT 37 YEARS W/O KIRAN KUMAR, RESIDING AT NO.5, GURU MURTHY STREET, ULSOOR, BENGALURU - 560008. 6. SRI. M. MUNIRAMAIAH AGED ABOUT 65 YEARS S/O LATE MUNIYAPPA R/AT THANISANDRA VILLAGE K R PURAM HOBLI, BENGALURU EAST TALUK - 560075. 7. SMT. DODDAKEMPAMMA AGED ABOUT 95 YEARS W/O LATE MUKKANNA D/O LATE MUNIYAPPA R/AT VEERAPURA VILLAGE KASABA HOBLI, DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT. 8. SMT. GOWRAMMA AGED ABOUT 89 YEARS, D/O LATE MUNIYAPPA - - HC-KAR CNR: KAHC010560022023 NC: 2026:KHC:43922 WP No. 24300 of 2023 3 W/O RAMAKRISHNAPPA R/AT YERRAPPANAHALLI VILLAGE, DODDAGUBBI POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK. 9. SMT. RATHNAMMA AGED ABOUT 69 YEARS, W/O CHIKKANNA S/O LATE CHIKKAKEMPANNA @ KEMPANNA RESIDING AT BATTANAHALLI VILLAGE, YEKKANAHALLI POST, KUNDA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562110 10. SMT. KALLAMMA AGED ABOUT 65 YEARS W/O MUNIYAPPA S/O LATE CHIKKAKEMPANNA @ KEMPANNA RESIDING AT NO E-92, VIDYASAGAR SARAYI PALYA BENGALURU - 560045. ALL ARE REPRESENTED BY THEIR GPA HOLDER, SRI. V. RAVIKUMAR, S/O LATE N. VENKATARAM, AGED ABOUT 48 YEARS, RESIDING AT NO.28, PH-1, SHUBODAYA PARK VIEW 5TH MAIN, NEW BEL ROAD, BENGALURU - 560094. …PETITIONERS (BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL FOR SRI. CHARANKUMAR K.V., ADVOCATE) - - HC-KAR CNR: KAHC010560022023 NC: 2026:KHC:43922 WP No. 24300 of 2023 4 AND: 1. THE DEPUTY COMMISSIONER BENGALURU DISTRICT BENGALURU - 560001. 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION, BENGALURU - 560001. 3. THE TAHSILDAR BENGALURU EAST TALUK, K R PURA BENGALURU - 560036. 4. SRI B VIMALCHAND S/O LATE B .S. BALCHAND AGED ABOUT 63 YEARS. 5. SRI.B.DILIP CHAND AGED ABOUT 59 YEARS S/O LATE B.S.BALCHAND RESPONDENTS NO.4 AND 5 ARE R/AT NO.91 TANNERY ROAD, BSA ROAD BENGALURU-560005. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3; SRI. K.T. SESHAGIRI, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - - HC-KAR CNR: KAHC010560022023 NC: 2026:KHC:43922 WP No. 24300 of 2023 5 QUASH THE ORDER DATED 05.08.2023 PASSED BY THE COURT OF THE DEPUTY COMMISSIONER, BENGALURU DISTRICT BENGALURU I.E R-1 IN RP NO.217/2019 FILED BY THE RESPONDENTS NO.4 AND 5 U/S 136(iii) OF THE KARNATAKA LAND REVENUE ACT (I.E ANNX-A) AND TO DISMISS THE PETITION FILED BY THE RESPONDENTS NO.4 AND 5 BEFORE THE DEPUTY COMMISSIONER BANGALORE DIST AS ARBITRARY ILLEGAL AND UNJUST. 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 ORAL ORDER 1. In this Writ Petition, petitioners are assailing the order dated 05.08.2023(Annexure-A) passed by respondent No.1 in R.P.No.217/2019 filed by respondent Nos.4 and 5, inter alia, sought for dismissal of the Revision Petition. 2. Heard Sri. D.R. Ravishankar, learned Senior Counsel appearing on behalf of Sri. Charankumar, learned counsel for the petitioners, Sri. Sporthy Hegde N., learned High Court - - HC-KAR CNR: KAHC010560022023 NC: 2026:KHC:43922 WP No. 24300 of 2023 6 Government Pleader appearing for the respondent Nos.1, 2 & 3 and Sri. K.T. Seshagiri, learned counsel appearing for respondent Nos.4 & 5. 3. It is contended by Sri. D.R. Ravishankar, learned Senior Counsel by referring to the finding recorded by Assistant Commissioner in case No.RA(BE):384/2016-17 vide dated 11.12.2017 and also the order dated 05.08.2023 in R.P.No.217/2019, submitted that respondent No.1 has proceeded in the matter on the ground that the matter is pertaining to challenge to the proceedings under S.79A and 79B of the Karnataka Land Revenue Act, 1964, which is pending consideration before the Karnataka Appellate Tribunal. However, it is contended by learned Senior Counsel that application Misc.No.99/2017 in appeal No.1223/2007 filed by respondent Nos.4 and 5 came to be dismissed on 01.04.2022 and therefore, the finding recorded by respondent No.1 requires to be set aside an accordingly, sought for interference of this Court. 4. Per contra, Sri. K.T. Seshagiri, learned counsel appearing for respondent Nos.4 & 5, and Sri. Sporthy Hegde N., learned - - HC-KAR CNR: KAHC010560022023 NC: 2026:KHC:43922 WP No. 24300 of 2023 7 High Court Government Pleader appearing for the respondent Nos.1, 2 & 3, sought to justify the impugned order. 5. In the light of the submissions made by learned counsel appearing for the parties and on careful consideration of the finding recorded by respondent No.1 in the impugned order dated 05.08.2023, would indicate that the matter is pending consideration before the Karnataka Appellate Tribunal as to the proceedings initiated against the land owner under S.79A and 79B of the Karnataka Land Revenue Act, 1964. However, perusal of the order sheet dated 01.04.2022 in Misc. Petition No.99/2017 in Appeal No.1223/2007 on the file of Karnataka Appellate Tribunal at Bengaluru, would indicate that the Misc. Petition is dismissed for non prosecution and therefore, I find force in the submission made by learned counsel appearing for the petitioners. 6. It is also argued by learned Senior Counsel that private respondent Nos.4 and 5 are claiming right over the land in question in terms of Succession Act. In that view of the matter, taking into consideration that respondent No.1 has found respondent Nos.4 and 5 have not been arrayed as party before - - HC-KAR CNR: KAHC010560022023 NC: 2026:KHC:43922 WP No. 24300 of 2023 8 respondent No.2 in the appeal, and therefore, respondent No.1 ought to have set aside the order passed by respondent No.2 at Annexure-B and relegated the parties to approach the Assistant Commissioner. In that view of the matter, as respondent Nos.4 and 5 were not parties before respondent No.2 in case R.A.(BE):384/2016-17 and also in view of the observation made above, I am of the view that, the impugned orders are liable to be set aside and the matter has to be reconsidered by respondent No.2. 7. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The order dated 05.08.2023 passed by respondent No.1 in R.P.217/2019(Annexure-A) and the order dated 11.12.2017 passed by respondent No.2 in RA(BE):384/2016- 17(Annexure-B) are hereby set aside. (iii) Matter is remitted to respondent No.2 to reconsider the matter in RA(BE):384/2016-17 and take decision in the matter after affording opportunity of hearing to all the parties. - - HC-KAR CNR: KAHC010560022023 NC: 2026:KHC:43922 WP No. 24300 of 2023 9 (iv) Since the parties are represented through their learned counsel in this Writ Petition, without awaiting notice, parties are directed to appear before respondent No.2 on 24.09.2026 at 3.00 p.m. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 57