Punith B N Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

Punith B N Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal disposed of with directions that the question as to the nature of the land be considered by the Deputy Commissioner as directed by the learned Single Judge; that the appellant's contentions, if any, and any documents produced by him be considered by the Deputy Commissioner while passing orders in accordance with law; and that copies of such documents be made available to respondent No.3.

Issue for consideration

Whether the appellant, who was the complainant before the Deputy Commissioner in the first instance, may also be heard, and his contentions and documents considered, before orders are passed by the Deputy Commissioner as directed by the learned Single Judge.

Court's answer

The question with regard to the nature of the land has to be considered by the Deputy Commissioner as directed by the learned Single Judge.

Ratio / Principle

The contentions, if any, of the appellant shall also be considered while passing orders, in accordance with law.

Key takeaways

Documents, if any, produced by the appellant may also be considered by the Deputy Commissioner while passing orders.ratio¶37
Copies of the documents, if any, to be produced by the appellant before the Deputy Commissioner shall be made available to respondent No.3 as well.ratio¶41

Detailed headnote1 paragraphs

Writ Appeal (KLR-RES) under Section 4 of the Karnataka High Court Act against the order dated 25.09.2024 of the learned Single Judge in WP No.24467/2024. The appellant, who was the complainant before the Deputy Commissioner in the first instance, contended that he should also be heard before orders were passed pursuant to the Single Judge's direction that the Deputy Commissioner consider the question of the nature of the land. The Division Bench (per Anu Sivaraman, J.) held that the question as to the nature of the land is to be considered by the Deputy Commissioner as directed by the learned Single Judge; that the appellant's contentions, if any, and any documents produced by him shall also be considered by the Deputy Commissioner while passing orders, in accordance with law; and that copies of such documents shall be made available to respondent No.3. With these observations, the writ appeal was disposed of.

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NC: 2025:KHC:32313-DB WA No. 1902 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF AUGUST, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K

WRIT APPEAL NO. 1902 OF 2024 (KLR-RES)

BETWEEN:

PUNITH B.N., S/O. NAGENDRA K.R., AGED ABOUT 30 YEARS, KITHANAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH, BENGALURU - 562 130

…APPELLANT

(BY SRI. SAILESH S. KATAREY, ADVOCATE)

AND:

Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

STATE OF KARNATAKA, BY SECRETARY TO GOVERNMENT,

REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.

TAHSILDAR AND TALUK EXECUTIVE MAGISTRATE, OFFICE OF THE TAHSILDAR AND TALUK EXECUTIVE MAGISTRATE, BENGALURU NORTH TALUK BENGALURU - 560 009.

2 - NC: 2025:KHC:32313-DB WA No. 1902 of 2024

HC-KAR

T. RAVI GOWDA, S/O. LATE THIMMARAYAPPA, AGED ABOUT 50 YEARS, KITHANAHALLI VILLAGE POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 562 130.

…RESPONDENTS

(BY SMT. SHWETHA KRISHNAPPA, AGA FOR R1 & R2. SRI. MANIKANTHA H.B., ADVOCATE FOR R3)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 25.09.2024 OF THE LEARNED SINGLE JUDGE IN WP No.24467/2024 IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN AND HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

Heard the learned counsel appearing for the appellant as well as the learned Additional Government

3 - NC: 2025:KHC:32313-DB WA No. 1902 of 2024

HC-KAR

Advocate appearing for respondents No.1 and 2 and also

the learned counsel appearing for respondent No.3.

Learned counsel appearing for the appellant herein contends that he was the complainant before the Deputy Commissioner in the first instance and that he may also be heard before orders are passed as directed by the learned Single Judge.

Having considered the contentions advanced,

we are of the opinion that the question with regard to nature of the land has to be considered by the Deputy Commissioner as directed by the learned Single Judge. The contentions, if any of the appellant herein may also be considered while passing orders, in accordance with law. Further it is directed that the documents, if any, produced by the appellant herein may also be considered by the Deputy Commissioner while passing orders. Copy of the documents, if any, to be produced by the appellant before

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NC: 2025:KHC:32313-DB WA No. 1902 of 2024

HC-KAR

the Deputy Commissioner shall be made available to respondent No.3 as well.

With the above observations, this writ appeal

stands disposed of .

Sd/(ANU SIVARAMAN) JUDGE

Sd/(RAJESH RAI K) JUDGE

PN List No.: 1 Sl No.: 28