- 1 - HC-KAR CNR: KAHC010424582024 NC: 2026:KHC:47557-DB WA No. 1121 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1121 OF 2024 (KLR-RES) BETWEEN: 1. THE CHIMNEY HILLS EDUCATION SOCIETY SITUATED AT NO.15, CHIKKASANDRA VILLAGE HESARAGHATTA ROAD BENGALURU 560 090 REPRESENTED BY ITS SECRETARY, SRI. G.MARSWAMY S/O LATE GANGADHARAIAH AGED ABOUT 58 YEARS RESIDINGA T KEREGUDDADHALLI CHIKKABANAVARA POST BENGALURU 560 090 …APPELLANT (BY SRI. VIVEK SUBBA REDDY, SENIOR COUNSEL APPEARING FOR SRI. RAJATH H V AND SRI. CHANDAN.H.B., ADVOCATE) AND: 1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE 560 001 2. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010424582024 NC: 2026:KHC:47557-DB WA No. 1121 of 2024 REPRESENTED BY ITS PRINCIPAL SECRETARY ROOM NO. 505, 5TH FLOOR GATE NO.3, M S BUILDING BENGALURU 560 001 3. THE DEPUTY COMMISSIONER BANGALORE NORTH TALUK KANDAYA BHAVANA K G ROAD, BANGALORE 560 001 4. THE SPECIAL DEPUTY COMMISSIONER BANGALORE NORTH TLAUK KANDAYA BHAVANA K G ROAD BANGALORE 560 001 5. THE ASSISTANT COMMISSIONER BANGALORE NORTH TALUK KANDAYA BHAVANA K G ROAD BANGALORE 560 001 6. THE TAHSILDAR BANGALORE NORTH TALUK KANDAYA BHAVANA K G ROAD BANGALORE 560 001 7. SMT. RAHMUTHUNNISA W/O GAFFAR BAIG SINCE DECEASED BY HER LEGAL HEIRS SMT. ZEENATH BEGUM W/O GOUSE BAIG AGED ABOUT 69 YEARS RA/T NO. 1854 NEAR RAILWAY TRACK CHIKKABANAVARA - 3 - HC-KAR CNR: KAHC010424582024 NC: 2026:KHC:47557-DB WA No. 1121 of 2024 BANGALORE 560 090 8. SMT. GHOUSIA BEGUM W/O TAJUDDINA KHAN AGED ABOUT 53 YEARS R/AT NO. 100, NEW LAYOUT CHIKKABANAVARA BANGALORE 560 090 9. SRI ASLAM PASHA S/O GAFFAR BAIG AGED ABOUT 46 YEARS JAMIA MASJID CHIKKABANAVARA SOLADEVANAHALLI BANGALORE 560 090 10. SRI MUSTAFA BAIG S/O GAFFAR BAIG AGED ABOUT 46 YEARS R/AT NO. 39/9, GUNATHA VIHAR DGQA RESIDENTIAL COMPLEX NEAR MEKHRI CIRCLE J C NAGAR BANGALORE 560 006 11. SRI SULTHAN BAIG S/O GAFFAR BAIG AGED ABOUT 53 YEARS RA/TNO. 136/344 NEW LAYOUT CHIKKABANAVARA BANGALORE 560 090 12. SRI. SHAFEEQ BAIG S/O GAFFAR BAIG AGED ABOUT 48 YEAR S RA/T NO. 136/3/344 HESARGHATTA MAIN ROAD - 4 - HC-KAR CNR: KAHC010424582024 NC: 2026:KHC:47557-DB WA No. 1121 of 2024 JANATHA COLONY NEAR GOVERNMENT SCHOOL CHIKKABANAVARA BANGALORE 560 090 13. SRI RAFEEQ BAIG S/O GAFFAR BAIG AGED ABOUT 53 YEARS R/AT NO. 136/3/344 HESARAGHATTA MAIN RAOD JANATHA COLONY NEAR GOVERNMENT SCHOOL CHIKKABANAVARA BANGALORE 560 090 14. SRI. MOHAMMAD SHAHID S/O NOOR BAIG AGED ABOUT 26 YEARS R/AT NO.23, 1ST BLOCK NEAR JAMIYA MASJID CHIKKABANAVARA BANGALORE 560 090 15. SRI. MOHAMMAD SHABAZ S/O NOOR BAIG AGED ABOUT 22 YEARS R/AT NO.23, 1ST BLOCK NEAR JAMIYA MASJID CHIKKABANAVARA BANGALORE 560 090 …RESPONDENTS (BY SRI. V.B.SHIVAKUMAR, FOR C/R-10 (CP No.10600/2024) SRI. M.N.SUDEV HEGDE, AGA FOR R1 TO R6; SRI. PRABHULING NAVADGI, SENIOR COUNSEL APPEARING FOR SRI. KOUSHIK.M.S, FOR R7 TO R9 AND R11 TO R15) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED - 5 - HC-KAR CNR: KAHC010424582024 NC: 2026:KHC:47557-DB WA No. 1121 of 2024 ORDER DATED 14.06.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN DISMISSING THE WP No- 23390/2023 (KLR-RES) AND ALLOW THE APPEAL ACCORDINGLY IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra-Court appeal has been filed impugning the judgment and order dated 14.06.2024 passed by the Writ Court in W.P.No.23390/2023 filed by the appellant-Society against the order dated 27.03.2023, passed by respondent No.4-the Special Deputy Commissioner whereby the Special Deputy Commissioner held that the grant made in favour of the contesting respondents by the alleged grant certificate dated 11.01.1979 was genuine. 2. Mr. Vivek Subba Reddy, learned Senior Counsel appearing for the appellant alongwith Mr.Rajath, learned counsel submits that the Special Deputy Commissioner has - 6 - HC-KAR CNR: KAHC010424582024 NC: 2026:KHC:47557-DB WA No. 1121 of 2024 completely overlooked the earlier report in respect of the excess grant in favour of the contesting respondents of 3 acres in Sy.No.57 situated at Chikkabanavara Village, Yashwanthapura Hobli, Bengaluru North Taluk. He has drawn our attention to the order dated 18.04.2007 passed by the Assistant Commissioner, Bengaluru in Case No.R.A.241/2005- 2006. He further submitted that the said order has not been considered by the learned Single Judge. He therefore submits that neither the order passed by the Special Deputy Commissioner nor the order passed by the learned Single Judge is sustainable in law. 3. Mr. Prabhuling K Navadgi, learned Senior counsel appearing for respondent Nos.7 to 9 and 11 to 15 assisted by Mr.Koushik, M.S. learned counsel submitted that they do not dispute the fact that the order dated 18.04.2007 was not brought before the Special Deputy Commissioner. It appears that it was not pressed into service before the learned Single Judge. - 7 - HC-KAR CNR: KAHC010424582024 NC: 2026:KHC:47557-DB WA No. 1121 of 2024 4. Be that as it may, the spectrum of the dispute gets changed by the said order, which is a vital aspect that should have been considered by the Special Deputy Commissioner and learned Single Judge. 5. Considering this fact, we set aside the orders passed by the learned Single Judge as well as the Special Deputy Commissioner and remand the matter to the Special Deputy Commissioner to decide the case afresh after issuing notice to all affected parties. The parties shall have liberty to produce all the documents and evidence in support of their respective claims, and to make submissions both on facts and law, as may be available to them before the Special Deputy Commissioner. 6. The Special Deputy Commissioner is directed to complete the aforesaid exercise as expeditiously as possible, preferably within a period of two months from the date of this order. - 8 - HC-KAR CNR: KAHC010424582024 NC: 2026:KHC:47557-DB WA No. 1121 of 2024 7. The learned Additional Government Advocate is directed to communicate this order to the Special Deputy Commissioner for necessary action and compliance. 8. The writ appeal is accordingly allowed. SD/- (D K SINGH) JUDGE SD/- (H.SHANTHI BHUSHAN) JUDGE RKA; List No.: 2 Sl No.: 13