- 1 - NC: 2026:KHC:29163 WP No. 21525 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 21525 OF 2024 (KLR-RES) BETWEEN: SRI GOVINDARAJU S/O LATE HANUMANTHAIAH AGED ABOUT 60 YEARS R/O KEREKATHIGANURU VILLAGE SOMPURA HOBLI, NELAMANGALA TLAUK BENGALURU RURAL DISTRICT – 562111. …PETITIONER (BY SRI. HARISH N.R., ADVOCATE) AND: Digitally signed by JUANITA THEJESWINI 1. THE DEPUTY COMMISSIONER Location: HIGH BENGALURU RURAL DISTRICTCOURT OF KARNATAKA DISTRICT OFFICE COMPLEX BEERASANDRA VILLAGE 1ST FLOOR, KUNDANA HOBLI - 562110 DEVANAHALLI TALUK BENGALURU RURAL DISTRICT. 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION 1ST FLOOR, TALUK OFFICE BUILDING DODDABALLAPURA – 561203. - 2 - NC: 2026:KHC:29163 WP No. 21525 of 2024 HC-KAR 3. THE THASILDAR TAHSILDAR OFFICE NELAMANGALA – 562123 4. SRI CHANDRAPPA S/O LATE NARAHARAIAH AGED ABOUT 68 YEARS R/O KEREKATHIGANURU VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT – 562111. …RESPONDENTS (BY SMT. B.P. RADHA., AGA FOR R1 TO R3 SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE R1 IN REVISION PETITION NO. 1/2023 DATED 28.6.24, PRODUCED AS ANNEXURE-K AND GRANT AN INTERIM PRAYER TO STAYING ORDER PASSED BY THE R1 IN REVISION

PETITION NO. 1/2023 DATED 28.6.24, PRODUCED AS ANNEXURE-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2026:KHC:29163 WP No. 21525 of 2024 HC-KAR CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri Harish.N.R, learned counsel appearing for the petitioner and Smt.B.P.Radha, learned Additional Government Advocate appearing for respondent Nos.1 to 3 and Sri. Harsha Kumar Gowda.H.R, learned counsel appearing for the respondent No.4. 2. In this writ petition, petitioner is assailing the order dated 28.06.2024 (Annexure-K), passed by the respondent No.1. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, the petitioner herein has filed R.A.(N) No.58/2019 before the respondent No.2, challenging the mutation in MR No.4/1992-93. The respondent No.2 by order dated 04.01.2021 remanded the matter to the respondent No.3. Feeling aggrieved by the same, the respondent No.4 has preferred RP No.1/2023 and the respondent No.1 - - 4 - NC: 2026:KHC:29163 WP No. 21525 of 2024 HC-KAR Deputy Commissioner, by order dated 28.06.2024 remanded the matter to respondent No.2 - Assistant Commissioner.

4. In that view of the matter, I find force in the submission made by the learned counsel for the petitioner that the respondent No.1 - Deputy Commissioner, ought to have remanded the matter to respondent No.3 -Tahsildar, instead of the respondent No.2 - Assistant Commissioner. The non application of mind by the respondent No.1 is forthcoming from the impugned order. In that view of the matter, I pass the following; ORDER (i) The writ petition is allowed. (ii) The order dated 28.06.2024 (Annexure-K) passed in RP No.1/2023 is accordingly quashed and the matter is remanded to respondent No.3 - Tahsildar to reconsider the issue afresh after affording an opportunity of hearing to both the - 5 - NC: 2026:KHC:29163 WP No. 21525 of 2024 HC-KAR parties and take decision in the matter in accordance with law, within a period of four months from the date of receipt of certified copy of this order. (iii) Since the parties are represented through their learned counsel, parties are directed to appear before the respondent No.3 - Tahsildar on 15.07.2026 at 03.00 p.m. and after their appearance respondent No.3 shall dispose of the matter as stated above. Sd/- (E.S.INDIRESH) JUDGE KLY List No.: 1 Sl No.: 63

- 1 - NC: 2026:KHC:29163 WP No. 21525 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 21525 OF 2024 (KLR-RES) BETWEEN: SRI GOVINDARAJU S/O LATE HANUMANTHAIAH AGED ABOUT 60 YEARS R/O KEREKATHIGANURU VILLAGE SOMPURA HOBLI, NELAMANGALA TLAUK BENGALURU RURAL DISTRICT – 562111. …PETITIONER (BY SRI. HARISH N.R., ADVOCATE) AND: Digitally signed by JUANITA THEJESWINI 1. THE DEPUTY COMMISSIONER Location: HIGH BENGALURU RURAL DISTRICTCOURT OF KARNATAKA DISTRICT OFFICE COMPLEX BEERASANDRA VILLAGE 1ST FLOOR, KUNDANA HOBLI - 562110 DEVANAHALLI TALUK BENGALURU RURAL DISTRICT. 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION 1ST FLOOR, TALUK OFFICE BUILDING DODDABALLAPURA – 561203. - 2 - NC: 2026:KHC:29163 WP No. 21525 of 2024 HC-KAR 3. THE THASILDAR TAHSILDAR OFFICE NELAMANGALA – 562123 4. SRI CHANDRAPPA S/O LATE NARAHARAIAH AGED ABOUT 68 YEARS R/O KEREKATHIGANURU VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT – 562111. …RESPONDENTS (BY SMT. B.P. RADHA., AGA FOR R1 TO R3 SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE R1 IN REVISION PETITION NO. 1/2023 DATED 28.6.24, PRODUCED AS ANNEXURE-K AND GRANT AN INTERIM PRAYER TO STAYING ORDER PASSED BY THE R1 IN REVISION

PETITION NO. 1/2023 DATED 28.6.24, PRODUCED AS ANNEXURE-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2026:KHC:29163 WP No. 21525 of 2024 HC-KAR CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri Harish.N.R, learned counsel appearing for the petitioner and Smt.B.P.Radha, learned Additional Government Advocate appearing for respondent Nos.1 to 3 and Sri. Harsha Kumar Gowda.H.R, learned counsel appearing for the respondent No.4. 2. In this writ petition, petitioner is assailing the order dated 28.06.2024 (Annexure-K), passed by the respondent No.1. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, the petitioner herein has filed R.A.(N) No.58/2019 before the respondent No.2, challenging the mutation in MR No.4/1992-93. The respondent No.2 by order dated 04.01.2021 remanded the matter to the respondent No.3. Feeling aggrieved by the same, the respondent No.4 has preferred RP No.1/2023 and the respondent No.1 - - 4 - NC: 2026:KHC:29163 WP No. 21525 of 2024 HC-KAR Deputy Commissioner, by order dated 28.06.2024 remanded the matter to respondent No.2 - Assistant Commissioner.

4. In that view of the matter, I find force in the submission made by the learned counsel for the petitioner that the respondent No.1 - Deputy Commissioner, ought to have remanded the matter to respondent No.3 -Tahsildar, instead of the respondent No.2 - Assistant Commissioner. The non application of mind by the respondent No.1 is forthcoming from the impugned order. In that view of the matter, I pass the following; ORDER (i) The writ petition is allowed. (ii) The order dated 28.06.2024 (Annexure-K) passed in RP No.1/2023 is accordingly quashed and the matter is remanded to respondent No.3 - Tahsildar to reconsider the issue afresh after affording an opportunity of hearing to both the - 5 - NC: 2026:KHC:29163 WP No. 21525 of 2024 HC-KAR parties and take decision in the matter in accordance with law, within a period of four months from the date of receipt of certified copy of this order. (iii) Since the parties are represented through their learned counsel, parties are directed to appear before the respondent No.3 - Tahsildar on 15.07.2026 at 03.00 p.m. and after their appearance respondent No.3 shall dispose of the matter as stated above. Sd/- (E.S.INDIRESH) JUDGE KLY List No.: 1 Sl No.: 63