- 1 - HC-KAR CNR: KAHC010486972023 NC: 2026:KHC:42297 WP No. 20985 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.20985 OF 2023 (KLR-RES) BETWEEN: SRI. Y. VENKATESH S/O LATE YALAKKAIAH, AGED ABOUT 70 YEARS, R/AT KAMBALAPURA VILLAGE, HEBBURU HOBLI, TUMAKURU TALUK. …PETITIONER (BY SRI. SUNDARESH H.C., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU - 572 103. 3. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION, TUMAKURU DISTRICT - 572 103. 4. THE TAHASILDAR TUMAKURU TALUK, TUMAKURU - 572 103. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010486972023 NC: 2026:KHC:42297 WP No. 20985 of 2023 5. SMT. LAKSHMAMMA W/O LATE RAMACHANDRAIAH, AGED ABOUT 80 YEARS, R/AT BANGARAPPA COLONY, PARVATHIPURA, HEBBURU, HEBBURU HOBLI, TUMAKURU TALUK, TUMAKURU - 572 103. 6. SRI. BYATARAYAPPA S/O LATE CHIKKANNA, AGE: MAJOR, R/AT KAMBALAPURA VILLAGE, HEBBURU HOBLI, TUMAKURU TALUK, TUMAKURU - 572 103. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4; SRI. H.C. KUMARASWAMY, ADVOCATE FOR C/R5; SRI. VENKATESH P. DALWAI, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 222 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET- ASIDE THE ORDER PASSED BY THE RESPONDENT NO.2- DEPUTY COMMISSIONER IN REVISION PETITION NO.116/2023 DATED 28TH AUGUST, 2023 VIDE ANNEXURE-L; 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 ORAL ORDER In this petition, the petitioner is challenging the order dated 28th August, 2023 (Annexure-L) passed by the - 3 - HC-KAR CNR: KAHC010486972023 NC: 2026:KHC:42297 WP No. 20985 of 2023 respondent No.2-Deputy Commissioner in Revision Petition No.116/2023. 2. Heard Sri. Sundaresh H.C., learned counsel appearing for the petitioner, Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents 1 to 4; Sri. H.C. Kumaraswamy, learned counsel appearing for the respondent No.5; and Sri. Venkatesh P. Dalwai, learned counsel appearing for the respondent No.6. 3. Having heard the learned counsel appearing for the parties, on perusal of the order dated 28th June, 2023 (Annexure-G) passed in Case No.R.R.T(A)(T)332/2007-08, it is forthcoming that the respondent No.3-Assistant Commissioner remitted the matter to the respondent No.4-Tahsildar and thereafter, the said order was questioned before the respondent No.2 in Revision Petition No.116/2023. The respondent No.2-Deputy Commissioner, by order dated 28th August, 2023 (Annexure-L) in the aforesaid revision petition, remitted the matter to the respondent No.3-Assistant Commissioner for fresh consideration. Taking into account the fact that the respondent No.3 had already remitted the matter - 4 - HC-KAR CNR: KAHC010486972023 NC: 2026:KHC:42297 WP No. 20985 of 2023 to the respondent No.4-Thasildar, I am of the view that the respondent No.2-Deputy Commissioner committed an error in remitting the matter to the respondent No.3. Hence, I pass the following: O R D E R (i) Writ Petition allowed; (ii) Order dated 28th August, 2023 (Annexure-L) passed by the respondent No.2 in R.P.No.116/2023 is hereby set-aside; consequently, matter is remitted back to the respondent No.4-Tahsildar, Tumakuru Taluk to reconsider the issue afresh and take decision in the matter in accordance with law, after affording an opportunity of hearing to all the parties concerned; (iii) All the contentions of the parties are kept open. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 59