Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 36544 (KAR)

KALAPPA v. THE DEPUTY COMMISSIONER

WP/34695/2024 · 2025-01-08

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:537 WP No. 34695 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 34695 OF 2024 (KLR-RES) BETWEEN: 1. KALAPPA S/O LATE MUNIYAPPA AND SMT. AKKAYAMMA AGED ABOUT 50 YEARS 2. SMT. S.M. MANJULA S/O LATE MUNIYAPPA AND SMT. AKKAYAMMA W/O LATE NARASIMHAMURTHY AGED ABOUT 56 YEARS 3. S.M. NARAYANASWAMY S/O LATE MUNIYAPPA AND SMT. AKKAYAMMA AGED ABOUT 48 YEARS 4. S.M. NAGARAJA S/O LATE MUNIYAPPA AND SMT. AKKAYAMMA AGED ABOUT 44 YEARS 5. S.M. MUNIRAJU S/O LATE MUNIYAPPA AND SMT. AKKAYAMMA AGED ABOUT 42 YEARS 6. SMT. AKKAYAMMA D/O LATE CHIKKAMUNISHAMAPPA W/O HANUMAPPA AGED ABOUT 69 YEARS 7. SMT. LAKSHMI D/O LATE ANJINAMMA AND NARASIMAIAH W/O MURTHY Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:537 WP No. 34695 of 2024 AGED ABOUT 39 YEARS 8. VENKATARAYAPPA .N S/O LATE ANJINAMMA AND NARASIMAIAH AGED ABOUT 37 YEARS ALL ARE RESIDING AT SONNAPPANAHALLI VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU RURAL DISTRICT-562 157 PETITIONERS 1 TO 8 ARE REPRESENTED BY THEIR GPA HOLDER MR. MUNIKRISHNA S/O MUNIYAPPA AGE ABOUT 46 YEARS …PETITIONERS (BY SRI. NAVEED AHMED, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE URBAN KANDAYA BHAVANA BANGALORE-560 001. …RESPONDENT (BY SMT. B.P. RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD. 05.11.2024 BY INITIATING ENQUIRY WITH REGARD TO GENUINENESS OF THE ALLEGED CONVERSION ORDER NO. ALNSR 56/1979-80 DTD. 26.03.1979 AS AGAINST SY.NO. 58 (OLD SYNO.10) SONNAPPANAHALLI VILLAGE, JALA HOBLI, DEVANAHALLI TALUK (NOW YELAHANKA TALUK) AT ANNX-A. - 3 - NC: 2025:KHC:537 WP No. 34695 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned AGA is directed to accept notice for the respondent. 2. The captioned petition is filed seeking a mandamus against the respondent/Deputy Commissioner to consider petitioners representation dated 05.11.2024 by initiating enquiry to ascertain the genuineness of the conversion order No.ALNSR 56/1979-80 dated 26.03.1979 as per Annexure-A. 3. This Court has consistently held that once conversion order is passed by the Deputy Commissioner, he becomes functus officio. If petitioner is aggrieved by the conversion order, petitioner has a remedy of appeal before the Tribunal. - 4 - NC: 2025:KHC:537 WP No. 34695 of 2024 4. Reserving liberty to the petitioner to avail remedy of appeal, the captioned petition is disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 30