Karnataka High Court
Sri C Prasanna vs The Deputy Commissioner on 30 July, 2025
Author: R Devdas
Bench: R Devdas
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NC: 2025:KHC:29284
WP No. 19690 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 19690 OF 2024 (SC-ST)
BETWEEN:
SRI. C. PRASANNA
S/O. S. CHINNASWAMY
AGED ABOUT 51 YEARS
REP BY HIS GPA HOLDER,
SRI. S. GIRISHA,
ONE OF THE DIRECTOR OF NAVANIDHI
DEVELOPERS AND BUILDERS PRIVATE LIMITED.
S/O LATE M.L.SATHYANARAYANA CHARI,
AGED ABOUT 49 YEARS,
R/AT NO.1226, 34TH C CROSS,
28TH MAIN, 4TH 'T' BLOCK, JAYANAGAR,
Digitally signed BANGALORE - 560 011.
by JUANITA
THEJESWINI ...PETITIONER
Location: HIGH (BY SMT. VAIBHAVI BHAT., ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE DEPUTY COMMISSIONER
RAMANAGARA DISTRICT
RAMANAGARA-562159.
2. THE ASSISTANT COMMISSIONER,
RAMANAGAR SUB-DIVISION,
RAMANAGAR-562159.
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NC: 2025:KHC:29284
WP No. 19690 of 2024
HC-KAR
3. THE TAHSILDAR
RAMANAGARA TALUK
RAMANAGAR-562159.
SRI. MUTHURAJU
S/O. MUTHAIAH
SINCE DECEASED BY HIS LRS
4. SRI. RAVI
S/O. LATE MUTHURAJU
R/AT BANNIKUPPE VILLAGE
BIDADI HOBLI, RAMANAGARA TALUK
RAMANAGARA DISTRICT-562159.
5. SRI. MANJUNATH
S/O. LATE MUTHURAJU
R/AT BANNIKUPPE VILLAGE
BIDADI HOBLI, RAMANAGARA TALUK
RAMANAGARA DISTRICT-562159.
6. SRI. MALLAIAH
S/O. BASAPPA
R/AT MYLASANDRA VILLAGE
KENGERI HOBLI
BENGALURU SOUTH TALUK-562159
7. SRI. VENKATACHALAPATHI
S/O. LATE NANJAPPA
AGED ABOUT 75 YEARS
R/AT AVARAGERE VILLAGE
BIDADI HOBLI, RAMANAGARA TALUK
RAMANAGARA DISTRICT-562159.
...RESPONDENTS
(BY SRI. ARUNA G.S., HCGP FOR R1 TO R3
SRI. CLIFTON D ROZARIO., ADVOCATE FOR
SMT. MAITREYI KRISHNAN., ADVOCATE FOR R4 & R5
V/O/D.27.09.2024 & 19.12.2024 NOTICE TO
R7 & R6 IS H/S N/N RESPECTIVELY)
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NC: 2025:KHC:29284
WP No. 19690 of 2024
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DTD 18.03.2016 IN CASE BEARING
NO.PTCL(RA)07/2011-12 PASSED BY THE R-2 ASSISTANT
COMMISSIONER, RAMANAGAR SUB-DIVISION, RAMANAGAR,
VIDE ANNX-L AND ALSO THAT OF THE ORDER DTD.
11.01.2024 IN A CASE BEARING NO.LND/SC/ST/03/2016-17
PASSED BY THE R-1 DEPUTY COMMISSIONER RAMANAGAR
DISTRICT, RAMANAGAR VIDE ANNX-L TO THE WRIT PETITION
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned Counsel for the petitioner appearing in the connected petition in W.P.No.18363/2024 has filed a memo dated 07.12.2024, seeking leave of this Court to dismiss the present writ petition viz., W.P.No.19690/2024.
2. Learned Counsel for the petitioner in W.P.No.18363/2024 submits that on an application filed by respondent No.4-Sri.Muthuraju, (since deceased, represented by his legal representatives), the Assistant Commissioner passed an order in a case bearing No.PTCL/ (RA)07/2011-12 on 18.03.2016, allowing the application -4- NC: 2025:KHC:29284 WP No. 19690 of 2024 HC-KAR and directing restoration of the lands in question in favour of the original grantee. However, since the petitioner herein was the previous owner of the lands in question, the petitioner preferred an appeal before the Deputy Commissioner, Ramanagara District in Appeal No.LND/SCST/A/03/2016-17, and the appeal being dismissed at the hands of the Deputy Commissioner, the petitioner has filed W.P.No.18363/2024 questioning the orders passed by the Assistant Commissioner as well as the Deputy Commissioner. After the said writ petition was filed, another writ petition has been filed at the hands of Sri.S.Girisha, claiming to be the General Power of Attorney holder of the petitioner. Learned Counsel submits that the petitioner has cancelled the General Power of Attorney and nevertheless, such a writ petition cannot be entertained when the party himself has already filed a writ petition.
3. The learned Counsel would also submit that an impleading application was filed in I.A.No.1/2025 at the hands of one of the Partners of M/s.R.K.Homes and the -5- NC: 2025:KHC:29284 WP No. 19690 of 2024 HC-KAR said application was dismissed by this Court on 06.06.2025. That being the position, the learned Counsel would pray that the present petition may be dismissed, since the previous owner of the property, under whom the Power of Attorney claims interest has already filed a writ petition.
4. Learned Counsel Ms.Vaishnavi Bhat, appearing for the petitioner in the present writ petition would submit that as a Power of Attorney holder, the Attorney is empowered to raise a challenge to the orders passed by the Assistant Commissioner and the Deputy Commissioner.
5. In the considered opinion of this Court, the lis between the Principal and the Attorney cannot be decided by this Court in these proceedings. However, it is trite in law that when once the Principal has filed a writ petition raising a challenge to the orders passed by the Assistant Commissioner and the Deputy Commissioner, it would be -6- NC: 2025:KHC:29284 WP No. 19690 of 2024 HC-KAR impermissible to entertain another writ petition filed at the hands of the Attorney. This Court makes it clear that, this Court has said anything in respect of the Power of Attorney, its validity or otherwise.
6. Consequently, the writ petition stands disposed of in view of the above.
Sd/-
(R DEVDAS) JUDGE DL CT: JL