Facts
Smt. Puttamma and respondent No. 5 had proceedings against respondent No. 6 before the Assistant Commissioner, who passed an order on 15 May 2006.
Source reference: no citationRespondent No. 6 appealed, and the Deputy Commissioner dismissed that appeal on 8 July 2011.
Source reference: p.7The petitioners, claiming to be purchasers, later challenged the Assistant Commissioner’s order in appeals before the Deputy Commissioner.
Source reference: p.3, p.7Those appeals were dismissed on 12 September 2025 as barred by res judicata.
Source reference: p.3, p.7The petitioners then sought to quash the 2006, 2011 and 2025 orders, alleging, among other things, that they had not been parties to or aware of the earlier proceedings.
Source reference: p.3, p.6Issues
1. Whether the petitioners’ later appeals challenging the Assistant Commissioner’s order were maintainable after an earlier appeal against that order had been dismissed by the Deputy Commissioner.
Source reference: p.6, p.72. Whether the Deputy Commissioner’s 2025 orders, and the earlier orders challenged in the writ petition, warranted interference under Articles 226 and 227 of the Constitution.
Source reference: p.3, p.8Law Applied
The Court applied the principle of res judicata and finality: a subsequent proceeding challenging the same order, after that order has already been adjudicated in an earlier appeal and the appellate decision has attained finality, is not maintainable.
Source reference: p.7The judgment identifies no specific statutory provision or precedent as the basis for this rule.
Source reference: p.7Reasoning
The Court treated the later appeals as challenges to the same Assistant Commissioner’s order that had already been considered in respondent No. 6’s appeal and dismissed by the Deputy Commissioner in 2011.
Source reference: p.7Since that earlier decision had attained finality, the Court held that the petitioners’ subsequent appeals were barred by res judicata and were not maintainable.
Source reference: p.7It also noted that the petitioners challenged the 2006 and 2011 orders in 2025, describing the lapse as nineteen years, and found no ground to interfere.
Source reference: p.8Holding
The Court held that the Deputy Commissioner was justified in dismissing the subsequent appeals as barred by res judicata and found no basis to interfere with the impugned orders.
The writ petition was dismissed; any interim order was discharged and pending interlocutory applications were disposed of accordingly.
Source reference: p.8Original Court PDF
SRI B M LOKESHvsTHE STATE OF KARNATAKA
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