Citation : 2026 Latest Caselaw 592 Kant
Judgement Date : 29 January, 2026
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WP No. 37716 of 2025
HC-KAR
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:
Digitally signed
by JUANITA 1. THE STATE OF KARNATAKA
THEJESWINI REP BY SECRETARY,
Location: HIGH DEPARTMENT OF REVENUE,
COURT OF DR B R AMBEDKAR VEEDHI,
KARNATAKA
VIDHANA SOUDHA,
BANGALORE 560001.
2. THE ASSISTANT COMMISSIONER
HOSKOTE TALUK,
BANGALORE RURAL DISTRICT 562114.
3. THE TAHSILDAR
HOSKOTE TALUK,
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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.
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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,
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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,
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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.
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HC-KAR
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.
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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
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