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2026 DAILYLAW 37043 (KAR)

SRI. M. SRINIVAS v. THE ASSISTANT COMMISSIONER

WP/12034/2025 · 2026-08-27

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010278982025 NC: 2026:KHC:46150 WP No. 12034 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 12034 OF 2025 (KLR-RES) BETWEEN: 1. SRI. M. SRINIVAS S/O LATE. MUTTAPPA, AGED ABOUT 68 YEARS, R/AT NO.48, NEAR 'SRI THIRUMALA TEMPLE', CHAMBENAHALLI VILLAGE, DOMMASANDRA POST, SARJAPUR HOBLI, ANEKAL TALUK, BENGALURU DISTRICT, PIN CODE: 562125. …PETITIONER (BY SRI.R B SADASHIVAPPA.,ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, BENGALURU-560 009. 2. THE THAHSILDAR, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562 106. 3. SRI. SRINIVASAN P, S/O PERUMAIAH, AGED ABOUT 54 YEARS, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010278982025 NC: 2026:KHC:46150 WP No. 12034 of 2025 R/OF CHEMBENAHALLI VILLAGE, SARJAPUR HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562125. 4. SRI. A VENKATARAMANA, S/O A.B VISHWESHAWARA RAO, AGED ABOUT 63 YEARS, RESIDENT OF KASAVANAHALLI VILLAGE, KARMALARAM, 12TH ROAD, POERTHI APARTMENT, FLAT NO.B-1201, SARJAPUR ROAD, ANEKAL TALUK, BENGALURU URBAN DISTRICT-560035. 5. SMT. MUNIYAMMA, W/O THIMMA REDDY, AGE AND ADDRESS NOT KNOWN TO PETITIONER. 6. SRI.SUBRAMANI, FATHER'S NAME, AGE ADDRESS NOT KNOWN TO PETITIONER. 7. SMT. MUNIYAMMA, D/O NARJAMMA. AGE & ADDRESS NOT KNOWN TO PETITIONER. 8. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, VIDHANA VEEDHI, BENGALURU-560 001. …RESPONDENTS (BY SRI SPOORTHY HEGDE, HCGP FOR R1, R2 AND R8, SMT.VEENA RAI K, ADOCATE FOR R3, SHRI RAJESWARA P N, ADVOCATE FOR R4 NOTICE TO R5 TO R7 IS D/W) - 3 - HC-KAR CNR: KAHC010278982025 NC: 2026:KHC:46150 WP No. 12034 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 08/01/2025, VIDE ANNEXURE- A PASSED IN R.A (A). NO. 805/2024, BY THE RESPONDENT NO. 1 AND ALL ITS CONSEQUENTIAL ORDER/S INCLUDING ORDERS PASSED BY RESPONDENT NO.2, VIDE ANNEXURE- F BEARING NO RRT.CR/1311/204-25, DATED 22/01/2025 AND VIDE ANNEXURE- F-1, BEARING M.R.NO.T40/2024-25, DATED 04/02/2025 DELETING THE NAME OF PETITIONER FROM REVENUE RECORDS OF SY. NO.39 CHAMBENAHALLI VILLAGE, SARJAPURA-3 HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, AND ALL ITS FURTHER, SUBSEQUENT OR CONSEQUENTIAL ORDER/S, IF ANY PASSED AND CONSEQUENTLY AND ETC.,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 08.01.2025 (Annexure-A), and the subsequent orders produced at Annexures-F and F1 respectively. 2. Sri R. B. Sadashivappa, learned counsel appearing for the petitioner contended by referring to the order sheet wherein the proceedings have been conducted by respondent No.1, and submitted that, no fair - 4 - HC-KAR CNR: KAHC010278982025 NC: 2026:KHC:46150 WP No. 12034 of 2025 opportunity of being heard has been extended to the petitioner in the matter, and therefore, submitted that, the impugned order at Annexure-A requires to be interfered with in this writ petition. 3. Per contra, learned counsels appearing for respondents No.3 and 4 sought to justify the impugned order. 4. Having heard the learned counsel appearing for the parties and on careful consideration of the order sheet maintained by respondent No.1 at Annexure-A1 would indicate that, respondent No.1 has issued the notice and directed the parties to appear before the inquiry on 06.09.2024, and thereafter consecutively nine occasions no sitting was held, and thereafter, the matter was posted for pronouncement of the order. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner. - 5 - HC-KAR CNR: KAHC010278982025 NC: 2026:KHC:46150 WP No. 12034 of 2025 According I pass the following: ORDER, i) Writ petition is allowed. ii) The order dated 08.01.2025 (Annexure-A) passed by respondent No.1 is accordingly set aside. iii) The matter is remitted to respondent No.1 to reconsider the issue afresh after providing fair opportunity of hearing to all the parties concerned and take decision in the matter in accordance with law. iv) In that view of the matter, all consequential orders passed by respondent No.2 at Annexures F and F1 are hereby quashed. In order to expedite the hearing, as the parties are represented through their learned counsel, the parties are directed to appear before respondent No. 1 on 30.09.2026 at 3.00 p.m. Sd/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 5