- 1 - NC: 2025:KHC-D:1242 WP No. 106527 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.106527 OF 2023 (KLR-CON) BETWEEN: 1. BALAPPA SIDDRAM BOMMANNAVAR, AGE: 33 YEARS, OCC: AGRICULTURE, R/O. BHARAMKODI, TAL: ATHANI, DIST: BELAGAVI-591304. 2. SHIVALINGAYYA SHIRAMAYYA HIREMATH, AGE: 40 YEARS, OCC: PRIVATE SERVICE, R/O. NAGANUR P G, TAL: ATHANI, DIST: BELAGAVI-591240. 3. SIDRAMAYYA KARAVEERAYYA PUJARI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. TELSANG, TAL: ATHANI, DIST: BELAGAVI-591265. 4. RAMAGOND KALAGOND PATIL, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. MAHISHWADGI, TAL: ATHANI, DIST: BELAGAVI-591240. 5. BHIMANNA APPASAB B PATIL, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. NANDGAON, TAL: ATHANI, DIST: BELAGAVI-591304. 6. PUTTU DHARAMANNA BASARAIKDI, AGE: 37 YEARS, OCC: AGRICULTURE, R/O. RADERAHATTI, TAL: ATHANI, DIST: BELAGAVI-591240. …PETITIONERS (BY SRI. VITTAL S. TELI, ADVOCATE) AND 1. THE STATE OF KARNATAKA, REPRESENTED ITS PRINCIPAL SECRETARY, GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:39:04 +0530 - 2 - NC: 2025:KHC-D:1242 WP No. 106527 of 2023 DEPARTMENT OF REVENUE, VIDHANASOUDHA, BENAGALURU-560001. 2. THE STATE OF KARNATAKA, REPRESENTED ITS PRINCIPAL SECRETARY, TOWN AND COUNTRY PLANNING DEPARTMENT, KARNATAKA, GPO PB # 5257, MULTI-STOREYED BUILDING, PHASE IV, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. 3. THE ADDITIONAL DIRECTOR, TOWN AND RURAL PLANNING DEPARTMENT, DHARWAD, MINI VIDHANA SOUDHA, DHARWAD-580001. 4. THE ASSISTANT DIRECTOR, TOWN AND RURAL PLANNING DEPARTMENT, NIPPANI, ABHIVRADHI YOJANA GATTAKA, GURUVARAPATTA, NIPPANI-591237. 5. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, DC-COMPOUND, BELAGAVI-590001. 6. THE TAHASILDAR-ATHANI, TAL: ATHANI, DIST: BELAGAVI-591304. 7. THE DEPUTY DIRECTOR OF LAND RECORD, BELAGAVI, OLD Z P OFFICE, NEAR COURT COMPOUND, BELAGAVI-590001. 8. THE ASSISTANT DIRECTOR OF LAND RECORD, ATHANI, TAL: ATHANI, BELAGAVI-591304. 9. SHRI RAMANGOUDA SANGANGOUDA PATIL, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. PATIL GALLI, NEAR PENDAR MASOOTI, ATHANI, TAL: ATHANI, DIST: BELAGAVI-591304. 10. ASHOK MALLAPPA KONNUR, AGE: 43 YEARS, OCC: AGRICULTURE, R/O. #2216, BELAGALLI, TAL: MUDHOL, DIST: BAGALKOT-587113. 11. MALLAPPA RAMAPPA BISANAL, AGE: 57 YEARS, OCC: AGRICULTURE - 3 - NC: 2025:KHC-D:1242 WP No. 106527 of 2023 R/O. THOTH 13, HOSUR, TAL: RABAKAVI-BANAHATTI, DIST: BAGALKOT-587314. 12. THE GRAM PANCHAYAT, ATHANI GRAMEEN SANKONATTI, REPRESENTED PANCHAYAT DEVELOPMENT OFFICER, ATHANI GRAMEEN SANKONATTI, TAL: ATHANI, DIST: BELAGAVI-591304. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R8; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R12; NOTICE TO R9-R11 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING THE ORDER DATED. 6.5/6.2016 BEARING NO. PÀAzÁ PÀAzÁ PÀAzÁ PÀAzÁ----LNA/SR(I)-146/2014- 15 PASSED RESPONDENT NO. 5 VIDE ANNEXURE-Q IN SO FAR AS PETITIONERS PLOT NO. 210, 138, 96, 88, 86 AND 85 OF RS NO 398/B OF ATHANI GRAMEEN-SANKONATTI, ATHANI AS PER REGISTERED SALE DEED ANNEXURE-J TO P & ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking the following reliefs: I. Issue a writ of certiorari or any other appropriate writ quashing the order dated. 6.5/6.2016 bearing no.PÀAzÁ PÀAzÁ PÀAzÁ PÀAzÁ----LNA/SR[I]-146/2014-15 passed respondent No. 5 vide Annexure “Q” in so far as petitioners Plot No 210, 138, 96, 88, 86 and 85 of - 4 - NC: 2025:KHC-D:1242 WP No. 106527 of 2023 RS no 398/B of Athani Grameen-Sankonatti, Athani as per registered sale deed Annexure “J” to “P”. II. And consequently, issue writ of mandamus or direction directing the respondent No 12 to mutate the name of the petitioners in concerned revenue record of Gram Panchayat as per in so far as petitioners Plot no 210, 138, 96, 88, 86 and 85 of RS no 398/B as per registered sale deed Annexure “J” to “P”. III. Issue any other writ or directions to meet the ends of justice. 2. The grievance of the petitioner is that the conversion order converting the land of the petitioner from agriculture to non agriculture purposes dated 07.04.2015 and 22.05.2015 Annexures-C and D respectively have been unilaterally cancelled by the order dated 06.05.2016 at Annexure-Q. 3. The submission of the counsel for petitioner is that once the land is converted for non agriculture purposes, the Deputy Commissioner is rendered functus officio and can no longer cancel the said conversion. If at all any challenges is to be made to the conversion, there can be only on the ground of - 5 - NC: 2025:KHC-D:1242 WP No. 106527 of 2023 fraud or otherwise, however the same cannot be made before the Deputy Commissioner. 4. This Court vide its Judgment dated 14.11.2013 in W.P.No.45634/2013 has held that once a conversion order has been passed under Section 95 of the Karnataka Land Revenue Act, 1964, the Deputy Commissioner becomes functus officio and no review of administrative action can be made since statute does not provide for it. The said judgement would be equally applicable to the present facts and as such, I pass the following : ORDER (i) Writ petition is allowed. (ii) Writ of certiorari is issued quashing the impugned order dated 6.5/6.2016 passed by the 5th respondent at Annexure-Q. (iii) Needless to say that the conversion order dated 07.03.2015 shall continue to be in - 6 - NC: 2025:KHC-D:1242 WP No. 106527 of 2023 force and all actions taken pursuant thereto shall continue to be in force and valid. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK LIST NO.: 1 SL NO.: 10