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2026 DAILYLAW 51726 (KAR)

SRI NARENDRA RAJ S v. THE STATE OF KARNATAKA

WP/37716/2025 · 2026-01-29

R Devdas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:5035 WP No. 37716 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 37716 OF 2025 (KLR-RR/SUR) BETWEEN: SRI NARENDRA RAJ S S/O MR SAMPATH RAJ, AGED ABOUT 51 YEARS, R/A NO. 8, 4TH MAIN ROAD, 10TH CROSS, VASANTH NAGAR, BENGALURU 560001. …PETITIONER (BY SMT. HEENA S.A., ADVCOATE FOR SRI. CHANDPASHA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY SECRETARY, DEPARTMENT OF REVENUE, DR B R AMBEDKAR VEEDHI, VIDHANA SOUDHA, BANGALORE 560001. 2. THE ASSISTANT COMMISSIONER HOSKOTE TALUK, BANGALORE RURAL DISTRICT 562114. 3. THE TAHSILDAR HOSKOTE TALUK, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5035 WP No. 37716 of 2025 BANGALORE RURAL DISTRICT 562114. 4. RAMAKKA @ AMMAYAKKA S/O LATE TIMMAREDDY KOM BALAPPA, GUNJURUPALYA AND POST VARTHUR HOBALI BANGALORE EAST TALUK-560087. 5. SRI NARAYANAMMA W/O SRI VENKATASWAMYREDDY, CHANNASANDRA VILLAGE, KADUGODI PLANTATION, BANGALORE 560081. 6. SMT KANTHAMMA W/O SRI KRISHNA REDDY, AGED ABOUT 43 YEARS, R/A SHANABOGANA HALLI VILLAGE, MANIGATTA POST, BANGALORE TALUK, KOLAR DISTRICT-56310. 7. SRI UMAPATI REDDY S/O GUNDAPPA REDDY, AGED ABOUT 84 YEARS, R/A CHOWDESHWARI STREET, 2ND MAIN ROAD, VARTHUR, BANGALORE EAST TALUK-563114. 8. SMT ANJINAMMA W/O KRISHNA REDDY, AGED ABOUT 82 YEARS, ADDRESS OF NO. 5 OF NO. 4, OPPOSITE SARADAMANDIR, VARTHUR VILLAGE AND HOBLI, BANGALORE UTTAR TALUK-560081. - 3 - HC-KAR NC: 2026:KHC:5035 WP No. 37716 of 2025 9. SMT SHANTHAMMA W/O JANKA REDDY, AGED ABOUT 79 YEARS, BALLAGERE VILLAGE, VARTHUR HOBLI, BANGALORE UTTAR TALUK-560081. 10. SRI SAMPANGI REDDY S/O GUNDAPPA REDDY, AGED ABOUT 75 YEARS, R/A BHAVANI FLOWERIEST, POLICE STATION ROAD, VARTHUR, BANGALORE EAST TALUK-560081. 11. SMT NAGARATNAMMA W/O GOPALA REDDY, AGED ABOUT 72 YEARS, ADDRESS NO. 7 AND 8 VARTHUR VILLAGE, AND HOBALI BANGALORE EAST TALUK-560081 12. SMT MUNIAMMA W/O SRI VENKATARAMANAPPA, AGED ABOUT 78 YEARS, NO. 26, JANATHACOLONY, SORHUNASE, BANGALORE 560087. 13. SMT SAVITRAMMA W/O SRI MUNIYAPPA AGED ABOUT 57 YEARS THERU BEEDI, NO. 13TH WARD, DODDABALLAPUR TOWN, DODDABALLAPUR BANGALORE RURAL DISTRICT-560087. 14. SMT CHINNAMMA W/O SRI KRISHNAPPA, - 4 - HC-KAR NC: 2026:KHC:5035 WP No. 37716 of 2025 AGED 75 YEARS, NO. 66 THIGALACHAUDENAHALLI, DOMMASANDRA BANGALORE 562125. 15. SRI ASHWATH REDDY S/O LATE MUNIYAPPA, AGED ABOUT 75 YEARS, R/A GUNJUR VILLAGE, OPP SHANESHWAR TEMPLE, VARTHUR MAIN ROAD, VARTHUR HOBLI, BANGALORE EAST TALUK-560081. 16. SMT SHANATHAMMA W/O SRI SATHISH, AGED ABOUT 60 YEARS, R/A GUNJUR VARTHUR HOBLI, BANGALORE 560 052. 17. SMT. RAKSHA ZAVERI (SINCE DEAD BY LR’S) W/O VIJAY ZAVERI, R/A 3-B, CELESTIAL, 80/3 NANDIDURGA ROAD BANGALORE 560046. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R3 SRI. OMKARESHA., ADVOCATE FOR R4 TO R16) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.09.2025 (ANNEXURE -A) PASSED BY THE RESPONDENT NO.2, LEARNED ASSISTANT COMMISSIONER, - 5 - HC-KAR NC: 2026:KHC:5035 WP No. 37716 of 2025 R.A/HOS-35/2023, AND ANY CONSEQUENT PROCEEDINGS OR ACTIONS BASED THEREON AND DECLARE THAT THE CANCELLATION OF THE MUTATION ENTRY M.R. NO.05/1994-95 AND ANY ALTERATIONS IN THE REVENUE RECORDS IN RESPECT OF SY. NO.48/3 ARE ILLEGAL, NULL AND VOID, AND DIRECT THE RESPONDENTS TO RESTORE AND MAINTAIN THE MUTATION ENTRY IN FAVOR OF THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioner submits that Annexure ‘A’ is the order in appeal which was filed by respondents No.4 to 6 and 8 to 17. 2. However, while pointing out to the cause title, learned counsel submits that the petitioner is not a party respondent to the proceedings. 3. Learned counsel submits that in a suit filed by these respondents in O.S.No.3523/2022 on the file of Senior Civil Judge at Hosakote, the petitioner was subsequently impleaded as a party defendant in the suit. - 6 - HC-KAR NC: 2026:KHC:5035 WP No. 37716 of 2025 However, in this appeal which was filed in the year 2023 purposely the contesting respondents did not implead the petitioner as a party respondent to the proceedings. 4. Learned counsel would therefore submit that these grounds are sufficient that the principles of natural justice are not complied and the impugned order has been passed without the petitioner being a party to the proceedings which would affect the rights of the petitioner, and therefore, the impugned order is required to be set aside. 5. There is substance in the submission made to the learned counsel for petitioner. 6. On a plain reading of the impugned order at Annexure ‘A’, it is clear that the petitioner is not a party to the proceedings. Therefore, any orders which would affect the rights of the petitioner could not have been passed by the Assistant Commissioner without hearing the petitioner. - 7 - HC-KAR NC: 2026:KHC:5035 WP No. 37716 of 2025 7. In that view of the matter, the writ petition is allowed. The impugned order dated 25.09.2025 at Annexure ‘A’ passed by respondent No.2-Assistant Commissioner, Doddaballapura Sub-Division in proceedings bearing number RA/HOS-35/ 2023 is hereby quashed and set aside. The matter stands remitted back to the Assistant Commissioner with a direction to the appellants therein to implead the petitioner herein and thereafter proceed in accordance with law. 8. If the revenue entries have been changed pursuant to the impugned order, the same shall be restored within a period of one week from the date of receipt of a copy of this order. Accordingly, I.As., if any pending stand disposed of. Sd/- (R DEVDAS) JUDGE JT/- CT: JL