- 1 - HC-KAR CNR: KAHC010041882025 NC: 2026:KHC:50888 WP No. 2487 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 2487 OF 2025 (SC/ST) BETWEEN: SHRI G.C.HALESHAPPA, ALIAS G.C.HALESH, SON OF LATE. G.CHANNABASAPPA, AGED ABOUT 46 YEARS, RESIDING AT ARADOTLU VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577227. …PETITIONER (BY SRI. SADASHIVA C., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, RAILWAY STATION ROAD, SHIVAMOGGA CITY, SHIVAMOGGA DISTRICT- 577201. 2. ASSISTANT COMMISSIONER, SHIVAMOGGA SUB-DIVISION, SHIVAMOGGA CITY, SHIVAMOGGA DISTRICT- 577201. 3. BASAVARAJAPPA, SON OF LATE. MURUDAPPA, AGED ABOUT 69 YEARS, RESIDING AT DASARAKALLAHALLI VILLAGE, HOLEHONNUR HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577227. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010041882025 NC: 2026:KHC:50888 WP No. 2487 of 2025 4. SMT. SHARADAMMA, D/O. OF LATE MURUDAPPA, AGED ABOUT 61 YEARS, RESIDING AT DASARAKALLAHALLI VILLAGE, HOLEHONNUR HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577227. 5. CHANNABASAPPA, SON OF LATE MURUDAPPA, AGED ABOUT 57 YEARS, RESIDING AT DASARAKALLAHALLI VILLAGE, HOLEHONNUR HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577227, …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2; R3 AND R4 ARE SERVED AND UNREPRESENTED; SRI. P.N.HARISH, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri. Sadashiva C., counsel for the petitioner; Smt. Savithramma, AGA for respondents 1 and 2; and Sri. P. N. Harish, counsel for respondent No. 5, appeared in person. 2. This petition is filed seeking the following reliefs: - 3 - HC-KAR CNR: KAHC010041882025 NC: 2026:KHC:50888 WP No. 2487 of 2025 (i) Issue writ of certiorari quashing the order passed by the 1st respondent Deputy Commissioner, Shivamogga, dated 09.01.2025 in SCST.No.01/2025 as per Annexure-H, and set aside the order passed by the 2nd respondent Assistant Commissioner dated 06.12.2024 in PTCL.CR.No.23/2024 as per Annexure-E. (ii) Issue any other writ or direction as deemed just and appropriate in the circumstances of the case and in the interest of justice and equity. 3. The key facts are as follows: It is sufficient to mention that the proceedings were started for resumption, and the Assistant Commissioner approved the claim in an order dated 06.12.2024. An appeal was then filed before the Deputy Commissioner, along with a stay application, which was rejected. Consequently, the petitioner has now approached this Court. 4. Counsel for the petitioner submits that a memo has been filed placing on record that the Deputy Commissioner, taking note of the interim order passed by this Court, has - 4 - HC-KAR CNR: KAHC010041882025 NC: 2026:KHC:50888 WP No. 2487 of 2025 closed the appeal. Counsel, therefore, submits that the memo may be taken on record and appropriate orders may be passed. 5. Counsel appearing for the respondents submits that appropriate orders may be passed. 6. The memo is taken on record. It is noted that the Deputy Commissioner, taking note of the interim order passed by this Court, has closed the appeal. Having regard to the facts and circumstances of the case, this Court deems it appropriate to direct the Deputy Commissioner to restore the appeal to its original file and proceed with the matter by issuing notice to all the parties concerned. The Deputy Commissioner shall thereafter dispose of the appeal in accordance with law, as expeditiously as possible, and in any event, within a period of three months from the receipt of a certified copy of this order. The interim order dated 06.02.2025 passed by this Court shall continue to remain in force until the disposal of the appeal by the Deputy Commissioner. - 5 - HC-KAR CNR: KAHC010041882025 NC: 2026:KHC:50888 WP No. 2487 of 2025 7. With the aforesaid observations and directions, the writ petition stands disposed of. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (JYOTI M) JUDGE SS List No.: 2 Sl No.: 33