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2026 DAILYLAW 232 (KAR)

SHRI VINAYAK S/O. NAGLING CHIPPALKATTI v. THE DEPUTY COMMISSIONER AND

WP/101011/2026 · 2026-02-11

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2135 WP No. 101011 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.101011 OF 2026 (KLR-CON) BETWEEN: 1. SHRI. VINAYAK S/O. NAGLING CHIPPALKATTI AGE. 40 YEARS, OCC. AGRICULTURE, R/O. RS NO.68/*/1, VILLAGE MURKUMBI, MURGOD HOBALI, TAL. SAVADATTI, DIST. BELAGAVI-591119. 2. SMT. ARCHANA W/O. VINAYAK CHIPPALKATTI AGE. 40 YEARS, OCC. AGRICULTURE, R/O. RS NO.68/*/1, VILLAGE MURKUMBI, MURGOD HOBALI, TAL. SAVADATTI, DIST. BELAGAVI-591119. 3. SMT. KRUTIKA W/O. NIRMAL RATHOD AGE. 38 YEARS, OCC. AGRICULTURE, R/O. RS NO.68/*/1, VILLAGE MURKUMBI, MURGOD HOBALI, TAL. SAVADATTI, DIST. BELAGAVI-591119. …PETITIONERS (BY SRI. VINAYAK S.CHINCHANIKAR, ADVOCATE) AND: THE DEPUTY COMMISSIONER AND MAGISTRATE, BELAGAVI, DIST. BELAGAVI, PHONE - 0831-2406303/2407200, EMAIL - DEO.BELAGAVI@GMAIL.COM. …RESPONDENT (BY SMT. NANDINI B.SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUNGED ORDER DATED 16.01.2026 VIDE KAN.SHA./LNA/VI.VA-01/2025-26 E-420659 PASSSED BY THE RESPONDENT HEREIN WHICH IS PRODUCED AT ANNEXURE-B IN SO MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.20 11:35:21 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2135 WP No. 101011 of 2026 FAR AS THE PROPERTY OF THE PETITIONER IN RS NO.68/*/1 AT SL.NO.5 OF THE SAID ORDER IS CONCERNED; AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER 1. Learned counsel for the petitioners submits that the issue involved in this writ petition is squarely covered by the decision of this Court in the case of Mallikarjun S/o Kallappa Bevoor and Others vs The Deputy Commissioner1, wherein this Court at Paragraph No.16 has held as under; “16. Looking from any angle, the order passed by the Deputy Commissioner is beyond jurisdiction and the power of review having not provided under the statute explicitly, cannot be read as part of the inherent powers of such an authority. Therefore, the impugned orders passed by the Deputy Commissioner canceling the orders of conversion granted in favour of the petitioners, are unsustainable in law and accordingly, the point framed for consideration is answered and this Court pass the following: ORDER i. The writ petitions are allowed. 1 WP No.100522/2026 and connected matters (Disposed of on 09.02.2026) - 3 - HC-KAR NC: 2026:KHC-D:2135 WP No. 101011 of 2026 ii. The impugned order dated 16.01.2026 passed by respondent-Deputy Commissioner canceling the conversion orders granted in favour of the petitioners, is hereby quashed. iii. It is clarified that this order shall not preclude the competent authority from proceeding in accordance with law, if any action is otherwise permissible under statute after affording due opportunity to the petitioners.” 2. Learned Additional Government Advocate appearing for the respondent-State has not disputed the said fact. 3. Hence, the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 16.01.2026 passed by respondent-Deputy Commissioner canceling the conversion order granted in favour of the petitioners, is hereby quashed. iii. It is clarified that this order shall not preclude the competent authority from proceeding in accordance with law, if any action is otherwise - 4 - HC-KAR NC: 2026:KHC-D:2135 WP No. 101011 of 2026 permissible under statute after affording due opportunity to the petitioners. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:VH List No.: 1 Sl No.: 32