- 1 - HC-KAR CNR: KAHC010653592023 NC: 2026:KHC:49829 WP No. 28072 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 28072 OF 2023 (SC/ST) BETWEEN: OMKARAPPA, S/O. LATE RANGAPPA, AGED ABOUT 40 YEARS, AGRICULTURIST, R/O. CHOLUGUDDA, NEAR MASZID, BEHIND ANJUMAN, CHITRADURGA CITY - 577501. …PETITIONER (BY SRI. S.C.VIJAYAKUMAR, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, CHITRADURGA SUB-DIVISION, CHITRADURGA - 577501. 2. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA - 577 501. 3. H.SIDDALINGAPPA, S/O. LATE HALAPPA, (SINCE DEAD REPRESENTED BY LRS) 3(A) SMT. LOLAKSHAMMA, W/O. LATE SIDDALINGAPPA, AGED ABOUT 55 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010653592023 NC: 2026:KHC:49829 WP No. 28072 of 2023 3(B) PRASHANTH, S/O. LATE SIDDALINGAPPA, AGED ABOUT 35 YEARS, 3(C) MANU, S/O. LATE SIDDALINGAPPA, AGED ABOUT 26 YEARS, RESPONDENTS NO. 3(A) TO 3(C) ARE R/O. BANJAGONDANAHALLI VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577527. 4. H.MAHESHWARAPPA, S/O. LATE HALAPPA, AGED ABOUT 66 YEARS, R/O. BANJAGONDANAHALLI VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577 527. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2; SMT. TEJASWINI, ADVOCATE FOR SRI. B.M.SIDDAPPA, ADVOCATE AND SRI. SHASHI SHEKAR S., ADVOCATE FOR R3(A TO C) AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: - 3 - HC-KAR CNR: KAHC010653592023 NC: 2026:KHC:49829 WP No. 28072 of 2023 ORAL ORDER Sri.S.C.Vijaya Kumar, counsel for the petitioner; Smt.Savithramma., Additional Government Advocate for respondent Nos.1 and 2; and Sri.B.M.Siddappa & Sri.Shashi Shekar S., counsel for respondent Nos.3(A to C) and 4, appeared in person. 2. This petition is filed seeking the following reliefs: (i) Quash the orders passed by the 2nd respondent in case No.SCPTL(A)-8/2016-17 dated 15.12.2021 as per Annexure-B by issuing a writ of certiorari. (ii) Issue such other appropriate writ or order or direction as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice. 3. Counsel for the respective parties urged several contentions. Counsel for the petitioner, in presenting his arguments, submits that, against the order of the Assistant Commissioner, the petitioner preferred an appeal before the Deputy Commissioner. The Deputy Commissioner stated that, since the - 4 - HC-KAR CNR: KAHC010653592023 NC: 2026:KHC:49829 WP No. 28072 of 2023 legal representatives of respondent No.1 were not brought on record, the appeal could not be proceeded with further. He argued that, Sri. Halappa, respondent No.1 before the Deputy Commissioner, died, leaving Sri. H. Siddalingappa and Sri. H. Maheshwarappa as his legal representatives, who were already on record. Hence, the Deputy Commissioner could not have dismissed the appeal for failure to bring the LRs on record. The counsel for respondent Nos.3(A to C) and 4 reasonably states that Sri H. Siddalingappa and Sri H. Maheshwarappa are the children of Sri Halappa. If so, the legal representatives of Sri Halappa were already on record. Therefore, the Deputy Commissioner's remark that the legal representatives had not been brought on record, and that the appeal could not proceed, is unfounded. 4. For the reasons stated above, the Writ of Certiorari is ordered. The order dated 15.12.2021 passed by the Deputy Commissioner / respondent No.2, vide Annexure-B, is quashed. 5. The Deputy Commissioner is instructed to restore the appeal to the registry. The petitioner and respondent Nos.3 - 5 - HC-KAR CNR: KAHC010653592023 NC: 2026:KHC:49829 WP No. 28072 of 2023 (A to C) and 4, who are represented by counsel, are directed to appear before the Deputy Commissioner on 06.10.2026 without waiting for additional notice from the Office. The Deputy Commissioner must dispose of the appeal in accordance with the law as quickly as possible. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 12