Petitioner's late father claimed occupancy rights as a tenant; a Division Bench had remanded the matter to the Land Tribunal. The petitioner was not made a party in the Assistant Commissioner's appeal R.A. No.111/2014-15. The High Court quashed the two orders and remanded for disposal with the petitioner heard.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.278 OF 2016 (KLR-RES)
BETWEEN:
KEMPEGOWDA SINCE DEAD BY HIS LEGAL REPRESENTATIVE
DEVENDRA S/O KEMPEGOWDA AGED ABOUT 46 YEARS, GURUMATTADA RASTHE, SALIGRAMA, K.R. NAGARA TALUK, MYSURU DISTRICT - 571 604.
…PETITIONER
(BY SRI. B.S. NAGARAJ, ADVOCATE)
AND:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
NC: 2024:KHC:22462 WP NO.278 OF 2016
NOW R/AT NO.300/J, 7TH MAIN, ANANDANAGAR, SIDDARTHANAGARA, MYSURU - 570 011.
…RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1 TO R3; SRI. S.N. BHAT, ADVOCATE FOR R5 AND R6; RESPONDENT NO.4 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 08TH DECEMBER, 2014 PASSED BY THE RESPONDENT NO.2-ASSISTANT COMMISSIONER IN R.A.NO.111/2014-15 VIDE ANNEXURE-A AND ANOTHER ORDER DATED 05TH JANUARY, 2015 PASSED BY THE RESPONDENT NO.2-ASSISTANT COMMISSIONER IN R.A.NO.111/2014-15 VIDE ANNEXURE-B; ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:22462 WP NO.278 OF 2016
O R D E R
In this writ petition, the petitioner is assailing order dated 08th December, 2014 (Annexure-A) and order dated 05th January, 2015 (Annexure-B) passed by the respondent No.2Assistant Commissioner in R.A. No.111/2014-15.
NC: 2024:KHC:22462 WP NO.278 OF 2016
(Annexure-B) passed by the respondent No.2 in R.A.No.111/2014-15 are hereby quashed and matter is remanded to the respondent No.2-Assistant Commissioner to dispose of the appeal after hearing the appellants as well as the petitioner herein by providing fair opportunity to both the sides and take decision in the matter in accordance with law. With this observation, writ petition stands disposed of.
SD/JUDGE
ARK
1 issue framed by the court
Should the Assistant Commissioner's orders in R.A. No.111/2014-15 be quashed for failing to include the petitioner claiming tenancy as a party?
1 provisions across 1 enactments
Devendra S/o Kempegowda (legal representative of deceased Kempegowda)
The State of Karnataka, rep. by Secretary to Department of Revenue
The Assistant Commissioner, Hunsur Sub-Division
The Thasildar, K.R. Nagar Taluk
Bhasthi Brhamaiah @ Brahmadevaiah S/o Jinnaiah
Ramegowda S/o Thammaiah
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
