- 1 - HC-KAR NC: 2026:KHC:22223-DB WA No. 1566 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1566 OF 2025 (KLR-RR/SUR) BETWEEN: SRI C ASHWATHAIAH AGED ABOUT 64 YEARS, S/O LATE BALE CHANNAPPA, R/AT, MATHKUR VILLAGE, ANUGONDANAHALLI HOBLI, M.M. SANDRA POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 560 067. …APPELLANT (BY SRI. AJAY .R .A., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER 1ST FLOOR, BEERASANDRA VILLAGE, KUNDANU HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 2. THE ASSISTANT COMMISSIONER, DODDABALLAPURA, BENGALURU RURAL DISTRICT - 561 203. 3. THE TAHSILDAR, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22223-DB WA No. 1566 of 2025 4. SRI M.C. KRISHNAPPA, AGED ABOUT 70 YEARS, S/O LATE BALE CHANNAPPA, R/AT MATHKUR VILLAGE, ANUGONDANAHALLI HOBLI, M.M.SANDRA POST, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 560 067. 5. SRI RAVIKUMAR.K AGED ABOUT 42 YEARS S/O M C KRISHNAPPA R/A #255, NEAR ARALI KATE MATHKUR VILLAGE, ANUGONDANAHALLI HOBLI, M.M. SANDRA POST, HOSKOTE TALUK, BENGLURU RURAL DISTRICT - 560 067. …RESPONDENTS (BY SRI. MOHAMMED JAFFER SHAH, AGA FOR R1 TO R3; SRI K SHIVASHANKAR, ADVOCATE FOR C/R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 23.06.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.27116 OF 2019, ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:22223-DB WA No. 1566 of 2025 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. This intra-Court appeal has been filed challenging the judgment and order dated 23.06.2025 passed by the learned Single Judge in W.P.No.27116 of 2019 filed by the appellant. 2. The parties are referred to as they are referred before the Writ Court for the sake of convenience. 3. The petitioner has filed the writ petition challenging the proceedings in M.R.No.61/1995-96 dated 15.03.1996 passed by the Tahsildar, Hoskote Taluk, Bengaluru Rural District in RA(H) 377/2012-13 as well as the order dated 28.04.2017 passed by the Assistant Commissioner, Doddaballapura, Bengaluru Rural District remanding the matter to the Tahsildar to provide an opportunity to all the parties and to take decision in the matter. Pursuant to the said remand vide order dated - 4 - HC-KAR NC: 2026:KHC:22223-DB WA No. 1566 of 2025 28.04.2017, the Tahsildar passed an order in M.R.No. H42/2019-2020, which was challenged by the petitioner before the Deputy Commissioner in R.P.No.159 of 2020. As the writ petition was filed only against the order dated 28.04.2017 passed by the Assistant Commissioner remanding the matter to the Tahsildar to pass a fresh order after providing an opportunity to all the parties and that order was of the year 2017, which was challenged in the writ petition filed in the year 2019. Therefore, there was no opportunity to the petitioner to bring on record the order dated 12.12.2022 passed by the Deputy Commissioner in R.P.No.159 of 2020, in the writ petition filed in the year 2019. 4. We therefore, are of the view that dismissal of the writ petition on the ground that the order dated 12.12.2022 passed by the Deputy Commissioner in R.P.No.159 of 2020 was not brought on record and this would amount to suppression of facts does not appear to be correct. Be that as it may. As the Deputy Commissioner - 5 - HC-KAR NC: 2026:KHC:22223-DB WA No. 1566 of 2025 has passed the order dated 12.12.2022 in R.P.No.159 of 2022 and the writ petition filed by the petitioner was against the order dated 28.04.2017 passed by the Assistant Commissioner, remanding the matter back to the Tahsildar, the petitioner is at liberty to challenge the order dated 12.12.2022 in appropriate proceedings. 5. With the aforesaid liberty, Writ Appeal stands disposed of. 6. In view of the disposal of the writ appeal, pending I.A.Nos.2 and 4 of 2025 stands dismissed; I.A.No.1 of 2025 is allowed and I.A.No.3 of 2025 stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE DH List No.: 1 Sl No.: 18