- 1 - NC: 2025:KHC:17490 WP No. 22487 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 22487 OF 2024 (KLR-RES) BETWEEN: 1. SMT JAYAMMA D/O LATE HANUMANTHAPPA AGED ABOUT 65 YEARS 2. SMT MANIKYAMMA D/O LATE HANUMANTHAPPA AGED ABOUT 64 YEARS 3. SMT PADMAMMA D/O LATE HANUMANTHAPPA AGED ABOUT 70 YEARS 4. SRI N H KRISHNAMURTHY S/O LATE HANUMANTHAPPA AGED ABOUT 56 YEARS ALL ARE R/AT NEAR GOVERNMENT SCHOOL, NAGENAHALLI VILLAGE, YELAHANKA TALUK, BENGALURU 560064 …PETITIONERS (BY SMT. KEERTHI KRISHNA REDDY., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION, KANDAYA BHAVAN, K G ROAD, BENGALURU 560009 2. THE TAHASILDAR YELAHANKA HOBLI, YELAHANKA TALUK, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17490 WP No. 22487 of 2024 BENGALURU URBAN DISTRICT 560009 3. SMT SHASHIKALA W/O LATE N H SHIVAMURTHY AGED ABOUT 64 YEARS 4. SMT S DEEPTHIMURTHY D/O LATE HANUMANTHAPPA AGED ABOUT 35 YEARS R-3 & R-4 ARE R/AT NEAR GOVERNMENT SCHOOL, NAGENAHALLI VILLAGE, YELAHANKA TALUK, BENGALURU 560064 …RESPONDENTS (BY SRI. V. SHIVA REDDY., AGA FOR R-1 & R-2; SMT. DIVYA KRISHNA., ADVOCATE FOR R-3 & R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE R-1 AND QUASH THE IMPUGNED ORDER PASSED BY THE R-1 IN RA (YLK).211/2023 DTD. 30.05.2024 AS PER VIDE ANNX-A CONSEQUENTLY RESTORE THE ORDER DTD. 30.05.2024 AS PER VIDE ANNX-A CONSEQUENTLY RESTORE THE ORDER DTD. 06.04.2024 PASSED IN R.A.(YLK).211/2023 BY THE R-1 AS PER VIDE ANNX-B, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners are aggrieved by an order of the Assistant Commissioner, whereby he has recalled an order that he has passed on merits on 06.04.2024 and passed an order directing the Tahsildar to - 3 - NC: 2025:KHC:17490 WP No. 22487 of 2024 maintain revenue entries in the name of Sarkari Gomala of the land in question. 2. A perusal of the order dated 06.04.2024 indicates that the appeal filed under Section 136(2) of the Karnataka Land Revenue Act, 1964 was disposed of in the following terms – “ORDER The above appeal of the appellants is hereby allowed. The Tahsildar, Yelahanka Taluk, Yelahanka, Bengaluru is hereby directed to remove the name of present entries in the RTC and order passed in respect of MR No.9/1993-94, MR No.T2/2021-22 is hereby set aside, and issue direction to the respondent to enter the appellant No.5 N.H.Krishnamurthy S/o.Late Hanumanthappa in Column No.9 and 12(2) of the RTC, in respect of the property in Sy.No.41, measuring 1 acre 5 guntas, situated at Puttenahalli village, Yelahanka Hobli, Yelahanka Taluk, in accordance with law.” - 4 - NC: 2025:KHC:17490 WP No. 22487 of 2024 3. Thereafter the Assistant Commissioner has proceeded to pass an order on 30.05.2024 in the following terms – “ORDER The Order dated 06.04.2024 passed in the above R.A./YLK/211/2023 is hereby withdrawn. Further, I hereby direct the Tahsildar, Yelahanka Taluk to maintain the revenue entries in the name of Sarkari Gomala in respect of the land in question.” 4. It is obvious that once an order was passed by the Assistant Commissioner on the merits of the appeal, he would have no jurisdiction to pass any order by recalling the order that he has passed. 5. In that view of the matter, the impugned order dated 30.05.2024 is quashed. This Writ Petition is, accordingly, allowed. 6. If any one is aggrieved of the first order passed by the Assistant Commissioner dated 06.04.2024, it is - 5 - NC: 2025:KHC:17490 WP No. 22487 of 2024 needless to state that they would have a remedy of preferring a Revision. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 100