Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010802012025 NC: 2026:KHC:51218 WP No. 37451 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 37451 OF 2025 (SC/ST) BETWEEN:
1. SATHYANARAYANA S/O LATE JOGEGOWDA, AGED ABOUT 64 YEARS,
2. ESHWAREGOWDA, S/O LATE JOGEGOWDA, AGED ABOUT 55 YEARS
3.
SMT. PADMA, W/O SHIVANNA ALIAS SHIVANNEGOWDA, AGED ABOUT 60 YEARS,
4. LOKESH, S/O SHIVANNA ALIAS SHIVANNEGOWDA, AGED ABOUT 42 YEARS,
5. CHARANRAJ W/O SHIVANNA ALIAS SHIVANNEGOWDA, AGED ABOUT 38 YEARS,
ALL ARE R/AT JIYARA VILLAGE, HIREHALLY A COLONY, KASABA HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT-571114 …PETITIONERS (BY SRI. PRITHVIRAJ SHASTRY, ADVOCATE FOR SRI. BALAKRISHNA SHASTRY G., ADVOCATE)
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010802012025 NC: 2026:KHC:51218 WP No. 37451 of 2025
AND:
1.
THE DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU-570011
2.
THE ASSISTANT COMMISSIONER, HUNSURU SUB-DIVISION, HUNSURU- 571114
3.
THE TAHSILDAR, H.D.KOTE TALUK, H.D.KOTE. 571114
4. THUKARAM S/O RACHAIAH, AGED MAJOR, R/AT CHIKKASWAMY FARM HOUSE, K.N.PURAM EXTENSION, OPP S.B.M COLONY, MYSURU-570019 …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3;
SRI. M.S.CHANDRASHEKAR BABU, ADVOCATE FOR 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 PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
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HC-KAR
CNR: KAHC010802012025 NC: 2026:KHC:51218 WP No. 37451 of 2025
ORAL ORDER
Sri.Prithviraj Shastry., counsel on behalf of Sri.G.Balakrishna Shastry.G., for the petitioners, Smt.Savithramma, Additional Government Advocate for respondents 1 to 3 and Sri.M.S.Chandra Shekar Babu., counsel for respondent No.4 appeared in person.
2. The petition is filed seeking a writ of certiorari to quash the orders passed by the Assistant Commissioner and the Deputy Commissioner.
3. Counsel for the respective parties advanced several
contentions. The Court heard the arguments and carefully perused the papers.
4. It is sufficient to note that the Assistant Commissioner issued the order on 22.01.2024. The aggrieved party filed an appeal to the Deputy Commissioner, who, by an order dated 12.08.2025, remanded the case. This remand order is now challenged in the present writ petition. The case concerns the provisions of the PTCL Act. Considering the nature of the proceedings, the Court is of the view that the Deputy
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HC-KAR
CNR: KAHC010802012025 NC: 2026:KHC:51218 WP No. 37451 of 2025
Commissioner should have considered the appeal on its merits instead of remanding it. There was no need for remand. Therefore, the Court deems it appropriate to direct the Deputy Commissioner to decide the appeal according to law, taking into account the Division Bench's recent decision in W.A. No.1035/2025, especially regarding the issue of laches.
5. The writ of certiorari is issued. The order dated 12.08.2025 passed by the Deputy Commissioner, produced at Annexure-A, is hereby quashed. The Deputy Commissioner is
directed to restore the appeal to its original file and dispose of it, in accordance with law, as expeditiously as possible and, in any event, within a period of three months from receipt of a certified copy of this order. This Court has not expressed any opinion on the merits of the case.
6. Accordingly, the writ petition is disposed of. Sd/- (JYOTI M) JUDGE
MRP List No.: 1 Sl No.: 54