- 1 - NC: 2025:KHC:7290 WP No. 33889 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 33889 OF 2024 (KLR-RES) BETWEEN: 1. B. KRISHNAPPA S/O LATE DODDABASAPPA AGED ABOUT 75 YEARS R/A NO.27, 1ST MAIN NEAR AYYAPPA TEMPLE BELATTHUR, KADUGODI BENGALURU-560 067. …PETITIONER (BY SRI. RAHUL S. REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION BENGALURU-560 001. 3. THE TASILDHAR BENGALURU EAST TALUK K R PURAM, BENGALURU-560 001. 4. SRI. M. NARAYANASWAMY S/O LATE MUNIYAPPA AGED ABOUT 56 YEARS Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7290 WP No. 33889 of 2024 5. SMT. POOJAMMA D/O LATE MUNIYAPPA AGED ABOUT 53 YEARS 6. SMT. JAYALAKSHMI D/O LATE MUNIYAPPA AGED ABOUT 50 YEARS 7. SRI. MANJUNATH .N S/O NARAYANASWAMY AGED ABOUT 25 YEARS R4 TO R7 ARE R/AT HAGADURU VILLAGE K R PURAM HOBLI BENGALURU EAST TALUK BENGALURU-560 066. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3; SMT. SINCHANA .M.R, ADVOCATE FOR R4 TO R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 21.10.2024 PASSED BY THE R-2 ASSISTANT COMMISSIONER IN R.A.(BE)235/2024 VIDE ANNEXURE-G. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, petitioner is aggrieved by the order of the respondent No.2/Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act, - 3 - NC: 2025:KHC:7290 WP No. 33889 of 2024 1964 as per Annexure-G which is dated 21.10.2024 issuing a fresh notice to hold an enquiry. This order is one without jurisdiction. 2. Once the revenue authorities, acting as quasi- judicial bodies, decide a case under Section 136 of the Karnataka Land Revenue Act, they become functus officio, meaning they no longer have the authority to reopen or reconsider the matter. This principle has been consistently upheld by the Courts over time. In the present case, Respondent No.2, the Assistant Commissioner, after having passed a final order as reflected in Annexure-D, had no jurisdiction to revisit the issue or initiate further proceedings, as evidenced by the notice at Annexure-G. Any attempt to rehear the matter amounts to an overreach of authority and is legally unsustainable. Consequently, the subsequent proceedings and orders issued by the Assistant Commissioner are without jurisdiction and are liable to be quashed. - 4 - NC: 2025:KHC:7290 WP No. 33889 of 2024 3. Accordingly, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed; (ii) The impugned order dated 21.10.2024 passed by the respondent No.2 as per Annexure- G is hereby quashed and set aside; (iii) Liberty is reserved to respondent Nos.4 to 7 to avail remedy of revision under Section 136(3) of the Karnataka Land Revenue Act; (iv) In the event, revision is filed within a period of four weeks from the date of receipt of a copy of this order, the Deputy Commissioner shall grant benefit under Section 14 of the Limitation Act. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 36