- 1 - NC: 2025:KHC:10194 WP No. 33699 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33699 OF 2024 (KLR-RES) BETWEEN: MR. MP MYLARALINGAIAH, AGED ABOUT 73 YEARS, S/O BEESAIAH, R/AT KAMAKSHIPALYA, BENGALURE-560079. PETITIONER (BY SRI. CN. MAHADESHWARAN., FOR SRI. SHIVARUDRAPPA SHETKAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY REVENUE DEPORTMENT, M.S.BUILDING, BANGALORE- 560 001. 2. THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT, K.G.ROAD, BANGALORE-560 009. 3. THE ASSISTANT COMMISSIONER, BANGALORE NORTH SUB-DIVISION, KANDAYA BHAVAN, K.G.ROAD, 2ND FLOOR, BANGALORE-560 009. 4. THE TAHASILDAR, YELAHANKA TALUK, BANGALORE DISTRICT-560 064. 5. SHRI. BYRAPPA, MAJOR, S/O LATE BYRAPPA, VADDARAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE 562123. 6. SHRI. MUNIKRISHNAPPA, MAJOR, S/O MUNIRANGAPPA, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10194 WP No. 33699 of 2024 VADDARAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-562123. 7. SMT. PUTAMMA, MAJOR, WIFE OF HUCHAPPA, VADDARAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-562123. 8. SHRI.THIMMAIAH, MAJOR, SON OF HUCHAPPA, VADDARAHALLI, VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-562123. RESPONDENTS (BY SRI. V SHIVA REDDY., AGA FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 30.08.2006 PASSED BY THE R-2 VIDE NO. RRT(2) CR/01-2000-01 AT (ANNX-A) CONSEQUENTLY AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petition is filed challenging the order passed by the Special Deputy Commissioner by which the Special Deputy Commissioner has directed that the lands in question be resumed and the name of the Government be entered in revenue records. - 3 - NC: 2025:KHC:10194 WP No. 33699 of 2024 2. It is pointed by the learned counsel for the petitioner that the order has been passed by the Special Deputy Commissioner, who is a Karnataka Administrative Service officer (KAS officer), who does not possess the jurisdiction to entertain a revision under Section 136(3) of the Karnataka Land Revenue Act, 1964 (hereinafter referred as to ‘Act’). 3. It is also pointed out that the impugned order has been passed against the petitioner’s vendor though the petitioner’s vendor had alienated the lands in favour of the petitioner and thus the impugned order is in violation of the principles of natural justices. 4. In my view these submissions are required to be accepted. Learned AGA does not dispute the fact that the Special Deputy Commissioner, being a KAS officer, does not possess the jurisdiction to entertain a revision under Section 136(3) of the Act. In the light of the fact that the Special Deputy Commissioner has no jurisdiction, the order passed by him was also one without jurisdiction. Consequently, the impugned order is set aside. The matter - 4 - NC: 2025:KHC:10194 WP No. 33699 of 2024 shall now stand remitted to the Deputy Commissioner, Bangalore District, who shall implead the petitioner as respondent No.5 and decide the matter after affording an opportunity to the petitioner to file his objections and to add the same in the matter. 5. Accordingly, the writ petition is allowed. Sd/- (N S SANJAY GOWDA) JUDGE PNV List No.: 1 Sl No.: 14