GANESHAPPA vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57257
WP No. 11352 of 2022


CNR: KAHC010250322022





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MS. JUSTICE JYOTI M

WRIT PETITION NO. 11352 OF 2022 (SC/ST)

BETWEEN:

1. GANESHAPPA
S/O LATE RANGAPPA
AGED ABOUT 60 YEARS,

2. HALESHA
S/O LATE RANGAPPA
AGED ABOUT 44 YEARS,

BOTH ARE R/O NIDIGE VILLAGE,
SHIVAMOGGA TALUK-577 229.
…PETITIONERS

(BY SRI. CHIDAMBARA G.S., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT
M.S BUILDING
DR. B.R. AMBEDKAR BEEDI
BENGALURU-560001
REPRESENTED BY ITS SECRETARY

2. THE DEPUTY COMMISSIONER
SHIVAMOGGA DISTRICT
SHIVAMOGGA-577201

3. THE ASSISTANT COMMISSIONER
SHIVAMOGGA SUB DIVISION
SHIVAMOGGA-577201











Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA

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HC-KAR
NC: 2026:KHC:57257
WP No. 11352 of 2022


CNR: KAHC010250322022



4. H.S. HAYATH KHAN
AGE NOT KNOWN
S/O LATE HUSSAIN KHAN

5. ZIYAULLA KHAN
AGE NOT KNOWN
S/O LATE HUSSAIN KHAN

6. SHAMIULLA KHAN
AGE NOT KNOWN
S/O LATE HUSSAIN KHAN

7. SHAFIULLA KHAN
AGE NOT KNOWN
S/O LATE HUSSAIN KHAN

8. FAYAZULLA KHAN
AGE NOT KNOWN
S/O LATE HUSSAIN KHAN

9. KHALIL KHAN
AGE NOT KNOWN
S/O LATE HUSSAIN KHAN

10. REHAMATULLA KHAN
AGE NOT KNOWN
S/O LATE HUSSAIN KHAN

RESPONDENTS NO.4 TO 10 ARE
R/O YAALAKAPPANA KERI
LASHKAR MOHALLA
SHIVAMOGGA-577 201

11. ASLAM PASHA,
AGE 38 YEARS,
S/O. ABDUL KHADAR AND
GRANDSON OF LATE HUSSAIN KHAN,
5TH CROSS LEFT SIDE,
TIPPU NAGAR,
SHIVAMOGGA-577201

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HC-KAR
NC: 2026:KHC:57257
WP No. 11352 of 2022


CNR: KAHC010250322022



12. KHALANDAR KHAN,
AGE 79 YEARS,
S/O. LATE HUSSAIN KHAN,
CLARKPETE RIGHT SIDE,
SHIVAMOGGA-577201.

13. FAZLUNNISA,
AGE 62 YEARS,
W/O. RASSOL KHAN,
R/O. YAALAKAPPANA KERI,
LASHKAR MOHALLA,
SHIVAMOGGA-577201.

14. MUBEENA KHANUM,
AGE 53 YEARS,
D/O. LATE HUSSAIN KHAN,
R/O. YAALAKAPPANA KERI,
LASHKAR MOHALLA,
SHIVAMOGGA-577201.

15. SHABINA BANU,
AGE 79 YEARS,
D/O. LATE HUSSAIN KHAN,
THIMMALAPURA ROAD,
BOMMANAKATTE HIRIYUR,
SHIVAMOGGA-577201.

16. JABEENA KHANUM,
AGE 44 YEARS,
D/O. LATE HUSSAIN KHAN,
1ST CROSS RIGHT SIDE,
NEAR GANAPATHI TEMPLE,
TIPPU NAGAR,
SHIVAMOGGA-577201.

17. FATEEMA KHANUM,
AGE 39 YEARS,
D/O. LATE HUSSAIN KHAN,
M G ROAD,
MANDAL KHAN STREET TAIKERE,

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HC-KAR
NC: 2026:KHC:57257
WP No. 11352 of 2022


CNR: KAHC010250322022



CHICKMAGALUR,
KARNATAKA-577228.
…RESPONDENTS

(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3;
R6 SERVED AND UNREPRESENTED;
SRI. T.N.VISWANATHA, ADVOCATE FOR
R4, R5, R7 TO R10;
SRI. GOUTHAM M., ADVOCATE FOR R11 TO R17)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri.Chidambara.G.S., counsel for the petitioners;
Smt.Savithramma., AGA for respondents 1 to 3 and
Sri.Goutham.M., counsel for respondents 11 to 17
appeared in person.
There is no representation on behalf of counsel for
respondents 4, 5, 7 to 10.
2. The petition is filed seeking a writ of certiorari
to quash the order passed by the Deputy Commissioner.

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HC-KAR
NC: 2026:KHC:57257
WP No. 11352 of 2022


CNR: KAHC010250322022



This order is challenged in this writ petition on several
grounds as set out in the memorandum of the writ
petition.
3. Counsel for the respective parties advanced
several contentions.
Counsel for the petitioner vehemently contends that
the Assistant Commissioner passed the order on
03.04.2012. Aggrieved by the said order, the petitioner
preferred an appeal before the Deputy Commissioner
along with an application seeking condonation of delay.
However, without first condoning the delay, the Deputy
Commissioner proceeded to decide the appeal on its
merits. Hence, the impugned order is liable to be quashed.
The Additional Government Advocate (AGA), upon
securing the records from the concerned department and
on instructions, submits that an application seeking
condonation of delay had indeed been filed. However, the
Deputy Commissioner did not pass any separate order on

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HC-KAR
NC: 2026:KHC:57257
WP No. 11352 of 2022


CNR: KAHC010250322022



the said application and proceeded to decide the appeal on
its merits. In view of the same, the AGA submits that an
appropriate order may be passed.
4. Heard the counsel for the petitioner and the
AGA and perused the records with utmost care.
5. The issue involved in the present writ petition
lies within a narrow compass and pertains to the order
passed by the Deputy Commissioner. The Assistant
Commissioner passed an order dated 03.04.2012, against
which an appeal was preferred before the Deputy
Commissioner along with an application seeking
condonation of delay. A perusal of the impugned order
dated 18.08.2021, coupled with the submissions made by
the AGA, reveals that the Deputy Commissioner has
neither considered nor passed any order on the application
seeking condonation of delay and has proceeded to
dispose of the appeal on its merits.

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HC-KAR
NC: 2026:KHC:57257
WP No. 11352 of 2022


CNR: KAHC010250322022



In the circumstances, the order dated 18.08.2021
passed by the Deputy Commissioner is hereby quashed.
The Deputy Commissioner is directed to consider and
dispose of the application dated 09.07.2010 seeking
condonation of delay, in the first instance, and thereafter
proceed to consider and dispose of the appeal on its
merits, in accordance with law, if the delay is condoned.
All contentions of the parties are kept open.
allowed
6. Accordingly, the writ petition is .
Sd/-
(JYOTI M)
JUDGE

MRP
List No.: 1 Sl No.: 36