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2026 DAILYLAW 45885 (KAR)

M/S RANKA AND SHAH v. THE DEPUTY COMMISSIONER

WP/1415/2026 · 2026-01-20

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3037 WP No. 1415 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 1415 OF 2026 (KLR-RES) BETWEEN: M/S. RANKA AND SHAH DEVELOPERS PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.31, RANKA CHAMBERS, CUNNINGHAM ROAD, BENGALURU - 560 052 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. PRADEEP RANKA (DIRECTOR) …PETITIONER (BY SRI. PRASANNA S, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BENGALURU, KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, BENGALURU URBAN DISTRICT BENGALURU - 560 009. 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH, KANDAYA BHAVANA, K G ROAD, BANGALORE - 560 009. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3037 WP No. 1415 of 2026 3. THE SPECIAL TAHSILDAR BENGALURU NORTH (ADDL.) TALUK, KANDAYA BHAVANA, K.G. ROAD, BANGALORE - 560 009. 4. SRI A. KEMPANNA SON OF LATE ANJINAPPA MAJOR RESIDING AT NO.44, KARIYAPPANAPALYA, THOMAS TOWN POST, BENGALURU - 560 084 5. SMT. RAMAMANI W/O A KEMPANA, MAJOR RESIDING AT NO. 44, KARIYAPPANAPALYA, THOMAS TOWN POST BENGALURU - 560 084. 6. SMT. NARAYANAMMA WIFE OF LATE SIDDAPPA, RESIDING AT HUNCHURU VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU. 7. SRI. MANJUNATH SON OF LATE SIDDAPPA, MAJOR RESIDING AT HUNCHURU VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU. 8. SRI. NAGARAJAPPA MAJOR RESIDING AT CHIMASANDRA VILLAGE, - 3 - HC-KAR NC: 2026:KHC:3037 WP No. 1415 of 2026 BIDIRAHALLI HOBLI, BANGALORE EAST TALUK, BENGALURU. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING SET ASIDE THE IMPUGNED ORDER DATED 01.07.2023 PASSED BY R1 IN RP NO. 78/2012-13 DISMISSING THE PETITION FOR NON- PROSECUTION (ANNX-A) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent Nos.1 to 3. Notice to respondent Nos.4 to 8 is not necessary for the following reasons. 2. Learned counsel for the petitioner submits that the revision petition filed by the petitioner herein in R.P.No.78/2012-13, before respondent No.1-Deputy Commissioner, Bangalore Urban District was dismissed for non- prosecution by order dated 01.07.2023. Learned counsel points - 4 - HC-KAR NC: 2026:KHC:3037 WP No. 1415 of 2026 out to the order sheet maintained by the Deputy Commissioner at Annexure-A and submits that there were no sittings of the Deputy Commissioner on various dates and on one fine day the revision petition is dismissed for non-prosecution. Learned counsel submits that a detailed representation was also given to the Deputy Commissioner as found at Annexure-G dated 03.11.2025. However, the Deputy Commissioner has refused to restore the matter. Learned counsel submits that having regard to the facts stated hereinabove, the revision petition may be restored to enable the Deputy Commissioner to consider the matter on its merits. 3. Having regard to the submissions made by the learned counsel for petitioner, this Court is of the considered opinion that if the revision petition is restored, no prejudice will be caused to the private respondents herein. The matter will only be required to be heard on merits after giving opportunity of hearing to both the rival parties. Accordingly, the writ petition is allowed while restoring the revision petition before respondent No.1-Deputy Commissioner. The Deputy Commissioner is directed to take up the matter on 10.02.2026, - 5 - HC-KAR NC: 2026:KHC:3037 WP No. 1415 of 2026 issue notice to the respondents therein and thereafter, proceed to hear and dispose of the matter on merits. Learned Additional Government Advocate is permitted to file memo of appearance within a period of two weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 23