Sri Padmanna Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Sri Padmanna Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Order dated 06.07.2023 in case No.NCR/K/CR/114/2022-23 (Annexure-D) set aside; matter remitted to respondent No.2 for fresh reconsideration after notice to the petitioner; proceedings before respondent No.3 on the Annexure-F notice held not to survive; writ petition disposed of.

Issue for consideration

Whether the order dated 06.07.2023 in case No.NCR/K/CR/114/2022-23 (Annexure-D) passed by respondent No.2 (Tahasildar, Bengaluru North Taluk) should be set aside on the ground that the petitioner was not heard before it was passed. +1 more

Court's answer

The impugned order in case No.NCR/K/CR/114/2022-23 dated 06.07.2023 (Annexure-D) is required to be set aside because the petitioner was not heard in the matter before the order was passed.

Ratio / Principle

The matter is remitted to respondent No.2 to reconsider it afresh after issuing notice to the petitioner and to take a decision in accordance with law by providing a fair opportunity to the petitioner.

Key takeaways

As the order dated 06.07.2023 (Annexure-D) is set aside, no further orders are required on the notice at Annexure-F issued by respondent No.3, and the entire proceedings before respondent No.3 do not survive for consideration.ratio¶83

Detailed headnote1 paragraphs

Constitution of India, Articles 226 and 227 — writ petition by Sri Padmanna challenging the order dated 06.07.2023 in case No.NCR/K/CR/114/2022-23 (Annexure-D) passed by the Tahasildar, Bengaluru North Taluk (respondent No.2), concerning property No.117, Katha No.96-258-117, 3rd Cross, Chamundinagar, Ward No.33, Manorayanapalya, Kasaba Hobli, Bengaluru North Taluk, formed out of Sy. No.70 of Cholanayakanahalli Village; petitioner also sought a direction to respondent No.3 (Asst. Commissioner, Bengaluru North Sub-Division) to dispose of appeal No.RA/BNT-13/2024 (Annexure-F) and to quash the notice at Annexure-F. Counsel submitted the petitioner had not been heard before the impugned order. The Court (E.S. Indiresh, J.) set aside the order dated 06.07.2023 as the petitioner had not been heard, remitted the matter to respondent No.2 for fresh reconsideration after issuing notice to the petitioner and taking a decision in accordance with law with fair opportunity, and held that, the Annexure-D order having been set aside, no further orders were required on the Annexure-F notice and the entire proceedings before respondent No.3 do not survive. Writ petition disposed of.

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HC-KAR

NC: 2026:KHC:36994 WP No. 19664 of 2026

CNR: KAHC010433812026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.19664 OF 2026 (KLR-RES)

BETWEEN:

SRI. PADMANNA S/O VENKATARAMAIAH, AGED ABOUT 70 YEARS, R/AT NO.102/1, VENKATASHAMAPPA LAYOUT, MANORAYANAPALYA, HEBBALA,

BENGALURU - 560 024.

…PETITIONER

(BY SRI. M.B. CHANDRA CHOODA, ADVOCATE)

AND:

Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M.S.BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU - 560 001.

THE TAHASILDAR BENGALURU NORTH TALUK, K.G.ROAD, KANDAYA BHAVAN, BENGALURU - 560 009.

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THE ASST. COMMISSIONER BENGALURU NORTH SUB-DIVISION, K G ROAD, KANDAYA BHAVAN, BENGALURU - 560 009.

SHAHEED S/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

SRINIVASA S/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

RIZWAN PASHA S/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

SUSHMA W/O NOT KNOWN TO THE PETITIONER, AGE MAJOR,

MEGHANA

W/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

SRINIVAS

S/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

G S ASHOK KUMARA SHETTY S/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

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HC-KAR

NC: 2026:KHC:36994 WP No. 19664 of 2026

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RAMAKKA

W/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

NAGARAJU

S/O NOT KNOWN TO THE PETITIONER, AGE MAJOR.

BALU S/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

IQBAL AHAMED

S/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

ASIYA BEGUM W/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

MANJULA @ MANJU

W/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

MANJULA @ MANJU

W/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

ALAHEEK

S/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

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AKBARI MAZID FRONT S/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

MANJUNATHA S/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

SUVARNA T.C. W/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

SRINIVASA MURTHY

S/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE.

ANKAPPA REDDY S/O NOT KNOWN TO THE PETITIONER, MAJOR IN AGE

RESPONDENTS NO.4 TO 23 ARE R/AT CHOLANAYAKANAHALLI VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560032.

…RESPONDENTS

(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3; NOTICE TO R4 TO R23 IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06/07/2023 PASSED BY THE TAHASILDAR, BENGALURU NORTH TALUK, IN CASE

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HC-KAR

CNR: KAHC010433812026

NO.NCR/K/CR/114/2022-23 VIDE ANNEXURE-D, IN SO FAR IT RELATES TO THE PROPERTY NO.117, KATHA NO.96-258-117 SITUATED AT 3^RD CROSS, CHAMUNDINAGAR, WARD NO.33, MANORAYANAPALYA, KASABA HOBLI, BENGALURU NORTH TALUK, MEASURING EAST-WEST 40 FT, AND NORTH-SOUTH 30 FT., CONSIST OF THREE STORIED BUILDING WHICH IS FORMED OUT OF SY. NO.70 OF CHOLANAYAKANAHALLI VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK, BY ISSUE OF WRIT OF CERTIORARI; AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

In this Writ Petition, petitioner is assailing the order dated 06.07.2023 in case No.NCR/K/CR/114/2022-23(Annexure-D) passed by respondent No.2 in respect of the subject property, inter alia, sought for a direction to respondent No.3 to dispose of the appeal bearing No.RA/BNT-13/2024 (Annexure-F), and to quash the notice produced at Annexure-F.

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HC-KAR

NC: 2026:KHC:36994 WP No. 19664 of 2026

CNR: KAHC010433812026

Learned counsel appearing for the petitioner by referring to the order at Annexure-D passed by respondent No.2, submitted that the petitioner herein has not been heard in the matter before passing the impugned order and accordingly, sought for interference of this Court.

Learned Additional Government Advocate sought to justify the impugned order.

In the light of the submissions made by the learned counsel appearing for the parties, the impugned order in case No.NCR/K/CR/114/2022-23 dated 06.07.2023 (Annexure-D) is required to be set aside as the petitioner has not been heard in the matter before passing the order. In that view of the matter, I am of the view that, the matter requires reconsideration and accordingly, remitted to respondent No.2 to reconsider the matter afresh after issuing notice to the petitioner and take decision in accordance with law by providing fair opportunity to the petitioner.

It is also made clear that as the order dated 06.07.2023(Annexure-D) is set aside, no further orders are

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HC-KAR

NC: 2026:KHC:36994 WP No. 19664 of 2026

CNR: KAHC010433812026

required to be made on the notice at Annexure-F issued by respondent No.3. Accordingly, the entire proceedings before respondent No.3 does not survive for consideration.

With this observation, the Writ Petition is disposed of.

SD/(E.S.INDIRESH) JUDGE

sac List No.: 1 Sl No.: 21