- 1 - HC-KAR NC: 2026:KHC:1199 WP No. 500 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 500 OF 2025 (KLR-RES) BETWEEN: 1. SMT. PREMAMMA W/O KANTHARAJA SHETTY, AGED ABOUT 65 YEARS AGRICULTURIST, R/AT KOPPA VILLAGE, RHARANHALLI HOBLI, PRIYAPATNA TALUK-571 114. MYSORE DISTRICT. 2. SMT. SHANTHA W/O R.RAMESH, AGED ABOUT 54 YEARS, AGRICULTURIST, R/AT KOPPA VILLAGE, RHARANHALLI HOBLI, PRIYAPATNA TALUK-571 114 MYSORE DISTRICT. …PETITIONERS (BY SRI. LOURDU MARIYAPPA A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER MYSORE DISTRICT, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1199 WP No. 500 of 2025 MYSORE-570 001. 3. THE ASSISTANT COMMISSIONER HUNSUR SUB DIVISION, HUNSUR-571 105 MYSORE DISTRICT. 4. THE THASILDAR, PERIYAPATNA TALUK MYSORE DISTRICT-571 107. …RESPONDENTS (BY SRI.SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE R-2 AUTHORITY DATED 02.01.2024 AT ANNEXURE-W WHEREIN DISMISSED THE REVISION PETITION NO.LND 11 2017 PREFERRED BY THESE PETITIONERS; CALL FOR THE ENTIRE RECORDS OF NO.LND 11 2017 ON THE FILE OF THE R-2 OFFICE; REMAND THE MATTER FOR FRESH CONSIDERATION WITH AN OPPORTUNITY TO THESE PETITIONERS TO URGE THEIR ARGUMENTS IN NO.LND 11 2017 ON THE FILE OF THE R-2 OFFICE, ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The learned HCGP takes notice for the respondents. Having regard to the contentions raised by the petitioners, with the consent of the learned counsel for the petitioners - 3 - HC-KAR NC: 2026:KHC:1199 WP No. 500 of 2025 as well as the learned HCGP, the matter is taken up for final disposal. 2. The petitioners, being aggrieved of the eviction notice issued by the Tahsildar, filed Writ Petition Nos. 40823-40824 of 2001 (KLR-RR-SUR) and this Court, by order dated 23.08.2002 held that without disposing of the applications of the petitioners, issuance of eviction notice on the part of the respondents is not justified. Accordingly, the writ petition was allowed and the eviction notice was quashed. Directions were issued to the Tahsildar to dispose of the applications at Annexures-G and G1 and H and H1 filed by the petitioners, in accordance with law, as expeditiously as possible but not later than Eight (8) months from the date of receipt of the order. The Tahsildar has passed an order on 21.04.2003 at Annexure- H rejecting the application on the ground that 34 guntas of land in Sy.No.21 of Koppa Village is reserved for public purpose. Aggrieved by the orders passed by the Tahsildar, the petitioners preferred an appeal before the Assistant - 4 - HC-KAR NC: 2026:KHC:1199 WP No. 500 of 2025 Commissioner in proceedings bearing No.LND:2:4-2003- 2004. However, when the Assistant Commissioner did not pass any orders, the petitioners once again approached this Court in W.P.Nos.26583-26584 of 2010. This Court, by order dated 22.11.2011 disposed of the writ petition with a direction to the Assistant Commissioner to dispose of the appeal within three months from the date of receipt of the certified copy of the order. It was also directed, till the appeal is disposed of, the possession of the petitioners shall be protected. Thereafter, the Assistant Commissioner served a copy of order dated 06.06.2006 already passed by the Assistant Commissioner along with the endorsement dated 24.05.2012 at Annexure-S. The petitioners once again filed writ petition No.17269 to 17270 of 2012 and this Court directed the petitioners to file a second appeal under Section 50 of the Karnataka Land Revenue Act, 1964 with a direction to the Assistant Commissioner and Tahsildar to furnish copies of all documents as sought for by the petitioners within four - 5 - HC-KAR NC: 2026:KHC:1199 WP No. 500 of 2025 weeks from the date of the order. Thereafter, the petitioners approached the Deputy Commissioner, Mysuru District in a second appeal under Section 50 of the Karnataka Land Revenue Act, 1964 in proceedings bearing No.LND/11/2017. 3. Learned counsel draws the attention of this Court to Annexure-V, which is the order-sheet maintained by the Deputy Commissioner and submits that the on various dates, which are shown in the order-sheet, there were no sittings of the Deputy Commissioner. However, the impugned order is said to have been passed by the Deputy Commissioner on 02.01.2024, without hearing the petitioners. The learned counsel, therefore submits that on the short ground that the impugned order has been passed without giving an opportunity of hearing to the petitioners, the impugned order is required to be set aside. 4. Upholding the submissions of the learned counsel for the petitioners, the writ petition is partly allowed while setting aside the impugned order at - 6 - HC-KAR NC: 2026:KHC:1199 WP No. 500 of 2025 Annexure-W dated 02.01.2024 passed by the Deputy Commissioner, Mysuru District, on the short ground that the order was passed without hearing the petitioners. However, the matter stands remanded back to the Deputy Commissioner to reconsider the second appeal filed by the petitioners herein, afford an opportunity of hearing to them. Consider all relevant documents and thereafter, pass necessary orders, in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE DH