S.N. Satyanarayana, J.- The petitioner herein is impugning the order dated 24.06.2016 passed by the second respondent - Special Deputy Commissioner-2, Bengaluru South Sub-division, in proceedings No.RRT(S).CR.107(67)/13-14.

2. The brief facts leading to this petition are as under:

2.1 It is the case of the petitioner that he is the absolute owner of land measuring to an extent of 20 guntas in Sy. No.26 situate in Maaligondanahalli village, Kengeri hobli, Bengalulru South Taluk. The said land is portion of larger extent of land measuring 09 Acres 14 guntas in Sy. No.26, which originally belonged to his grandmother, Smt. Byramma, who had purchased the same from jodidhar, namely Venkata Rao, under registered sale deed dated 19.08.1942, copy of which is at Annexure A to the petition. On the coming into force of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, the said land had vested in the Government. Smt. Byramma made an application seeking occupancy rights in respect of the said land. Based on the report of the Special Tahasildar for Inams Abolition, Bangalore District, dated 04.02.1959, Special Deputy Commissioner for Inams Abolition, Bangalore, by his order dated 18.05.1959 (Annexure B to the petition), has registered Smt. Byramma as permanent tenant under Section 5 of the said Act with levy of premium. Khata was registered in her name under Section 10 of the said Act vide endorsement issued by Special Deputy Commissioner dated 11.08.19858 (Annexure C to the petition).

2.2 After the death of Smt. Byramma, her sons, namely, Ramaiah, Lakshmaiah and Krishnappa (petitioners father) got partitioned the land measuring 09 Acres 14 guntas in Sy. No.26 under panchayat parikath dated 28.09.1980. Petitioner claims that in the said partition, his father was allotted 03 Acres of land in Sy. No.26, however, revenue records disclose that petitioners father was allotted 01 Acre of land in Sy. No.26. Subsequently, there was partition of family properties amongst the petitioner, his father and his brothers under registered partition deed dated 17.09.2008 (Annexure F to the petition). In the said partition, land measuring to an extent of 20 guntas in Sy. No.26 (new No.26/*/p5) was allotted to the share of the petitioner and the said land was mutated in his name vide M.R. No.11/2008-09 (Annexure F1 to the petition).

2.3 The records would indicate that on the basis of question raised by a sitting Member of Legislative Assembly (MLA) in the Legislative Assembly in connection with illegal sale of land in Sy. No.26 situate in Maaligondanahalli village, Kengeri hobli, the Special Tahasildar, Bengaluru South Taluk, had addressed letter No.RRT(KH).CR.410 and 411/13-14 dated 26.08.2013 to the second respondent intimating him that the said land had been classified as gomala and entries were made in Record of Rights, tenancy and crops (RTC) in respect of the said survey number without valid documents and requested him to conduct enquiry under Section 136(3) of the Karnataka Land Revenue Act, 1964, in relation to validity of grant of land in certain survey numbers of Maaligondanahalli village.

2.4 The second respondent in order to verify the correctness or otherwise of the title of several persons claiming title to land bearing Sy. No.26 and other survey numbers situate in Malegondanahalli, has initiated proceedings against the landowners including the petitioner herein. Proceedings against the petitioner is registered in No.RRT(S).CR.107(67)/13-14.

2.5 It is the further case of the petitioner that he received notice dated 27.12.2014 (Annexure G to the petition) from the office of the second respondent and he was called upon to attend the enquiry on 19.01.2015 at 11 a.m. The name of the petitioner finds place at Sl. No.67 in the table depicted in the said notice.

2.6 According to the petitioner, since similar enquiry was initiated by the second respondent against his cousin, namely Hanumanthaiah, himself and his cousin had engaged the same counsel. It is stated that though learned counsel had filed objections on behalf of the petitioners cousin, objections were not filed in petitioners case and learned counsel had not taken care to contest the proceedings initiated against the petitioner, which has resulted in an order being passed by the second respondent against him in the aforesaid proceedings on 24.06.2016 (Annexure J to the petition). Being aggrieved by the same, the petitioner is before this Court.

3. The grievance of the petitioner is that the second respondent has proceeded to pass the impugned order only against him while keeping the enquiry pending in respect of the petitioners cousin and other similarly situated persons in respect of different portions of the land in Sy. No.26. According to the petitioner, the enquiry initiated against persons whose names are mentioned at Sl. Nos.62 to 66, 68 and 99 in the table depicted in the enquiry notice dated 27.12.2014 (Annexure G to the petition) and who had also acquired their respective land from the petitioners grandmother, Smt. Byramma, is still pending. It is contended by the petitioner that the second respondent has failed to consider the fact that the land measuring 09 Acres 14 guntas in Sy. No.26 was purchased by his grandmother, Smt. Byramma, from its erstwhile inamdar and she had been registered as permanent tenant under Section 5 of the Mysore (personal and Miscellaneous) Inams Abolition Act, 1959.

4. Perusal of the impugned order discloses that the second respondent based on the report of the Tahasildar/Special Tahasildar, has opined that the entries recorded in the Record of Rights, Tenancy and Crops (RTC) in respect of the land measuring 20 guntas in Sy. No.26 in favour of the respondent therein - petitioner herein, was not supported by relevant documents, such as grant order, saguvali chit etc. Accordingly, the second respondent has directed the Tahasildar, Bengaluru North (Additional) Taluk, to delete the name of the petitioner herein in respect of the land in question and continue the same in favour of the Government free from all encumbrances.

5. At this stage, learned counsel for the petitioner submits that the enquiry, which is initiated by the second respondent against the other family members of Smt. Byramma is still pending. It is in respect of the proceedings initiated against the petitioner, an order is passed by the second respondent on 24.06.2016 in the absence of any representation on his behalf. Therefore, the petitioner seeks that the impugned order may be set aside and the matter may be remanded to the second respondent - Special Deputy Commissioner by giving one more opportunity to the petitioner to place all the documents that are available with him to show his title to the land in Sy. No.26 measuring to an extent of 20 guntas, which he succeeded from his grandmother, Smt. Byramma.

6. After hearing the learned counsel for the petitioner and learned Additional Government Advocate appearing for respondents, this Court is of the opinion that since the proceedings initiated against persons similarly situated as that of the petitioner are still pending consideration before the second respondent - Special Deputy Commissioner-2, and the said persons had acquired land from the petitioners grandmother, Smt. Byramma, no harm would be caused in remanding the matter back to the second respondent by affording an opportunity to the petitioner herein to place all the relevant documents before the said Authority and to make his submission with reference to his title in respect of land measuring 20 guntas in Sy. No.26.

7. Accordingly, this writ petition is allowed and the order dated 24.06.2016 passed by the second respondent - Special Deputy Commissioner-2, Bengaluru South Sub-division, Bengaluru, in proceedings bearing No.RRT(S).CR.107(67)/13-14 is hereby set aside and the matter is remanded to the second respondent with a direction to dispose of the same afresh in accordance with law after affording opportunity to the petitioner to produce documents in support of his title to the land in question.

8. To avoid any further delay in the matter, it is ordered that the petitioner herein shall appear before the second respondent - Special Deputy Commissioner-2, Bengaluru South Sub-Division, Bengaluru, in the remanded matter on 21.02.2018.