LAKSHMAMMA Vs. DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT

JUDGEMENT

(1.) Heard learned counsel for petitioners.

(2.) The petitioners have called in question the legality and proprietary of the orders passed by the Deputy Commissioner, Bengaluru Urban District - 1st respondent in Revision Petition No.274/2018 dated 19.06.2020, whereby Revision Petition filed by Respondent No.3 herein has been allowed and the order dated 03.10.2011 passed by the Assistant Commissioner in RRT/CR(S) 694/2011-12 in so far as the land measuring 3 acres 37 guntas in Sy. No.51, situate at Vittasandra Village, Begur Hobli, Bengaluru South Taluk has been set aside and he has been directed to remove the names of R.Gopalareddy s/o Rangappa and Krishnappa in respect of 3 acres 37 guntas and mention the name of Respondent No.3 - Doddathoguru Service Co- Operative Society in accordance with law.

(3.) Even though the petitioners have raised large number of contentions in the petition, learned Senior Counsel appearing for petitioners has assailed the impugned order mainly on the ground that adequate opportunity of hearing was not afforded to the petitioners resulting in failure of Justice. By taking me through the records of the proceedings conducted by the learned Deputy Commissioner, learned Senior Counsel has pointed out that original respondent having died, during the pendency of the Revision, a memo was filed before the Deputy Commissioner/Respondent No.1 intimating the date of death of R.Gopalareddy. Inspite of it without bringing legal heirs of the original respondent on record the respondent No.1 has proceeded to pass the impugned order. In support of his submissions, learned counsel has referred to the Track Consignment at Annexure-N, which discloses that notice was served on the petitioner on 13.06.2020 and the matter was taken up for hearing on 16.06.2020 and reserved for orders and the impugned order came to be pronounced on 19.06.2020.