- 1 - HC-KAR CNR: KAHC010224332018 NC: 2026:KHC:50341 WP No. 52325 of 2018 C/W WP No. 21398 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 52325 OF 2018 (KLR-RES) C/W WRIT PETITION NO. 21398 OF 2017 (KLR-RR/SUR) IN WP No. 52325/2018 BETWEEN: 1. SRI M PILLAIAH S/O MALLAPPA AGED ABOUT 85 YEARS RESIDENT OF MADIWALA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, REPRESENTED BY HIS GENERAL POWER OF HOLDER, SRI. L.NAGARAJ, S/O LATE M. LINGACHAR AGED ABOUT 57 YEARS RESIDENT OF NO.178, VISHWAKARMA NAGAR, TATAGUNI POST BENGALURU 560 82. …PETITIONER (BY SRI. PRASANNA B R, ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010224332018 NC: 2026:KHC:50341 WP No. 52325 of 2018 C/W WP No. 21398 of 2017 AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. B.R. AMBEDKAR ROAD, BANGALORE 560 001 REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT, K.G. ROAD, BENGALURU - 560 009. 3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB - DIVISION, BENGALURU - 560 009. 4. THE TAHASILDAR BANGALORE SOUTH, BANGALORE DISTRICT, K.G. ROAD, BENGALURU 560 009. …RESPONDENTS (BY SRI ADITYA DIWAKARA, AGA) THIS WRIT PETITION IS FILED PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.12.2008 SAID TO HAVE BEEN PASSED BY THE R-2 SPL. DEPUTY COMMISSIONER VIDE ANNEXURE-F. IN WP NO. 21398/2017 BETWEEN: 1. SRI. L. NAGARAJA S/O LATE SRI M LINGACHAR, AGED ABOUT 56 YEARS, R/AT NO.178, VISHWAKARMA NAGAR TATAGUNI POST, AGARA GRAMA PANCHAYATH BENGALURU - 560 082. ...PETITIONER (BY SRI PRASANNA B R, ADVOCATE) - 3 - HC-KAR CNR: KAHC010224332018 NC: 2026:KHC:50341 WP No. 52325 of 2018 C/W WP No. 21398 of 2017 AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA DR B.R.AMBEDKAR ROAD BANGALORE - 560 001. REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB - DIVISION BENGALURU - 560 009. 3. THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT K.G.ROAD, BENGALURU - 560 009. 4. THE TAHASILDAR BANGALORE SOUTH BANGALORE DISTRICT K.G.ROAD, BENGALURU - 560 009. 5. SRI R GUNDURAJ S/O RAMAIAH AGED ABOUT 47 YEARS, R/AT NO.10, DRC POST CHIKKADUGODI BENGALURU - 560 029. ...RESPONDENTS (BY SRI ADITYA DIWAKARA, AGA FOR R1 TO R4 R5 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.11.12.2008 SAID TO HAVE BEEN PASSED BY THE R-3 VIDE ANNEX-M. - 4 - HC-KAR CNR: KAHC010224332018 NC: 2026:KHC:50341 WP No. 52325 of 2018 C/W WP No. 21398 of 2017 THESE PETITIONS, 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 these writ petitions, petitioners are assailing the order dated 11.12.2008, passed by the Special Deputy Commissioner of Bangalore District in RRT(2)CR6/2001 - 02. 2. The learned counsel appearing for the petitioners, by referring to the registered sale deeds, contended that the petitioner in W.P.No.52325/2018 had acquired the land in question under the registered sale deed dated 03.08.1964 (Annexure-B), whereas the petitioner in W.P.No.21398/2017 had purchased the same on 24.08.2004 (Annexure-K) and further contended that respondent No.3 had initiated proceedings in respect of the land in question under Section 136(3) of the Karnataka Land Revenue Act, 1964, against the original - 5 - HC-KAR CNR: KAHC010224332018 NC: 2026:KHC:50341 WP No. 52325 of 2018 C/W WP No. 21398 of 2017 grantees after a lapse of fifty years. Hence, the learned counsel sought interference by this Court. 3. It is further submitted by the learned counsel appearing for the petitioners, by referring to the order sheet maintained in the aforesaid proceedings before respondent No.3, that no opportunity of hearing was extended to the petitioners. It is further contended that, insofar as the petitioner in W.P.No.21398/2017 is concerned, the petitioner was not even arrayed as a party to the said proceedings. Hence, it is contended that, the impugned orders are liable to be set aside, inter alia, on the ground that the respondent-Authorities could not have initiated suo motu proceedings after an inordinate delay. Accordingly, the learned counsel sought interference by this Court. 4. Per contra, Sri Aditya Diwakara, learned Additional Government Advocate appearing for respondent - State sought to justify the impugned order. - 6 - HC-KAR CNR: KAHC010224332018 NC: 2026:KHC:50341 WP No. 52325 of 2018 C/W WP No. 21398 of 2017 5. In the light of the submissions made by the learned counsel appearing for the parties, in WP No.52325/2018, petitioner had acquired the property as per the registered sale deed dated 03.08.1964 (Annexure- B). In WP No.21398/2017, petitioner had purchased the property by registered sale deed dated 24.08.2004 (Annexure-K). The proceedings have been initiated by the respondent No.2 in respect of the subject land against the erstwhile owners of the land in question. The said proceedings have been initiated during 2001-2002. However, the proceedings have been initiated against the original grantees/khatedars and also it is forthcoming that, the proceedings have been initiated under Section 79A of the Karnataka Land Reforms Act, 1961. Taking into consideration the fact that, Section 79A and 79B of the Karnataka Land Reforms Act, 1961 have been omitted and amended by the respondent - State, and that apart, the proceedings have been initiated by the respondent - Authorities against the petitioners after inordinate delay of - 7 - HC-KAR CNR: KAHC010224332018 NC: 2026:KHC:50341 WP No. 52325 of 2018 C/W WP No. 21398 of 2017 more than four decades, I am of the view that, the impugned order dated 11.12.2008 passed by the respondent No.2-Special Deputy Commissioner, Bangalore District, Bangalore in RRT(2)CR6/2001-02 is required to be set aside. 6. Following the declaration of law made by the Hon'ble Supreme Court in the case of Joint Collector Ranga Reddy District and another vs D Narsing Rao and others reported in (2015) 3 SCC 695, the impugned proceedings require to be set aside. In the result, I pass the following ORDER i) The writ petitions are allowed. ii)(a)WP No.52325/2018: The order dated 11.12.2008 (Annexure-F) passed in RRT(2)CR.6/2001-02 by the respondent No.2-Special Deputy Commissioner is accordingly set aside. - 8 - HC-KAR CNR: KAHC010224332018 NC: 2026:KHC:50341 WP No. 52325 of 2018 C/W WP No. 21398 of 2017 (b)WP No.21398/2017: The order dated 11.12.2008 (Annexure-M) passed in RRT(2)CR.6/2001-02 by the respondent No.3-Special Deputy Commissioner is accordingly set aside. iii) The respondent No.4-Thasildar, Bangalore South is directed to enter the name of the petitioners in the revenue records in respect of the subject land within a period of three months from the date of receipt of a certified copy of this order. Sd/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 45