Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21793 WP NO.14769 OF 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.14769 OF 2025 (KLR-RES) BETWEEN:
1. MR. PRAKASH RAPHAEL GOMES, S/O LATE NICHOLES GOMES, AGED ABOUT 54 YEARS. 2. RONALD ISAC GOMES, S/O LATE NICHOLES GOMES, AGED ABOUT 51 YEARS. BOTH ARE RESIDENTS OF NO.1-17/1191, LADY HILL, NEAR URUWA CHURCH, ASHOK NAGAR, MANGALURU, DAKSHINA KANNADA DISTRICT - 575 001. …PETITIONERS (BY SRI. ROHITH B.J., ADVOCATE) AND:
1. STATE OF KARNATAKA, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, MANGALURU - 575 001. 3. THE ASSISTANT COMMISSIONER MANGALURU SUB-DIVISION,
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:21793 WP NO.14769 OF 2025
2ND FLOOR, TALUK ADALITHA SOUDHA BUILDING, DAKSHINA KANNADA DISTRICT - 575 001. 4. THE TAHSILDAR, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT - 574 211. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 30TH DECEMBER, 2024 BEARING NO.L.N.A(3)OTHERS.CR-77/2024/579054 B1 ISSUED BY THE RESONDENT NO.2-DEPUTY COMMISSIONER VIDE ANNEXURE -K; DIRECT THE RESPONDENTS TO CONSIDER THE OBJECTION/REPRESENTATION FILED BY THE PETITIONERS DATED 27TH NOVEMBER, 2024 AND PASS APPROPRIATE ORDERS ON THE SAME VIDE ANNEXURE-H; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER
Sri. Siddharth Baburao, learned Additional Government Advocate accepts notice for respondents. 2. In this writ petition, the petitioner is assailing the endorsement dated 30th December, 2024 (Annexure-K) issued by the respondent No.2-Deputy Commissioner; inter alia sought for direction to the respondents to consider the representation dated 27th November, 2024 (Annexure-H). - 3 -
HC-KAR NC: 2025:KHC:21793 WP NO.14769 OF 2025
3. Heard Sri. Rohith B.J., learned counsel appearing for petitioners and Sri. Siddharth Baburao, learned Additional Government Advocate appearing for respondents. 4.
Having heard the learned counsel appearing for the parties and on perusal of the writ papers, the same would indicate that the respondent No.2-Deputy Commissioner had permitted for withdrawing the earlier conversion as per order dated 16th November, 2023 (Annexure-J) and 15th November, 2023 (Annexure-J1) and the very same authority had issued the impugned endorsement dated 30th December, 2024 (Annexure-K), rejecting the claim made by the petitioners herein for withdrawing the conversion order. In this regard, this Court in the case of RATHNA vs. DEPUTY COMMISSIONER AND ANOTHER in Writ Petition No.45634 of 2013 decided on 14th November, 2013 held that, once the order of conversion has been made by the Deputy Commissioner under Section 95 of the Karnataka Land Revenue Act, the said authority become funtus officio and no provision has been made in the Karnataka Land Revenue Act with regard to interfere with the order of conversion by the very same authority. In that view of the matter, following the law
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HC-KAR NC: 2025:KHC:21793 WP NO.14769 OF 2025
declared by this Court in the case of RATHNA (supra), I am of the view that, there is no infirmity in the issuance of the impugned endorsement dated 30th December, 2024 (Annexure- K) and as such, I do not find any merit in the writ petition. Accordingly, writ petition is dismissed. 5. However, liberty is reserved to the petitioners herein to approach the competent Tribunal for redressal of their grievance. SD/- (E.S. INDIRESH) JUDGE
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