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2026 DAILYLAW 35644 (KAR)

SRI K. SHANKAR v. THE STATE OF KARNATAKA

WP/23836/2026 · 2026-08-06

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010527292026 NC: 2026:KHC:41539 WP No. 23836 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 23836 OF 2026 (KLR-RES) BETWEEN: SRI. K. SHANKAR, S/O LATE KRISHNAPPA, AGED 45 YEARS, RESIDING AT UPPAREPETE, KOLAR TOWN AND TALUK, KOLAR DISTRICT - 563 130. …PETITIONER (BY SRI. NEERAJA KARANTH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563 101. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010527292026 NC: 2026:KHC:41539 WP No. 23836 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT OF CERTIORARI QUASHING THE OFFICIAL MEMORANDUM DATED 8/4/2026 IN A.L.N.CR 79/2025-26 PASSED BY THE RESPONDENT NO.2/DEPUTY COMMISSIONER, PRODUCED HEREWITH AS ANNEXURE- A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned HCGP accepts notice for the respondents. 2. In this petition, the petitioner is assailing the order dated 08.04.2026 in A.L.N.CR 79/2025-26 passed by respondent No.2-Deputy Commissioner (Annexure-A). 3. The perusal of the writ petition would indicate that the order of conversion was made in favour of the petitioner on 13.11.2006 (Annexure-F). Thereafter, at the instance of the third parties, the Deputy Commissioner has reviewed the order of conversion on 08.04.2026 (Annexure-A). - 3 - HC-KAR CNR: KAHC010527292026 NC: 2026:KHC:41539 WP No. 23836 of 2026 4. In that view of the matter, in terms of the judgment of this Court in SMT. RATHNA Vs. DEPUTY COMMISSIONER AND ANOTHER IN WP.No.45634/2013 dated 14.11.2013, wherein, it is held that, once an order is passed under Section 95 of the Karnataka Land Revenue Act, 1964, the said authority becomes functus officio and has no power to review of an administrative action unless specifically provided for in the statute. In that view of the matter, I pass the following order. ORDER (i) Writ petition is allowed. (ii) The order dated 08.04.2026 (Annexure-A) passed by respondent No.2 is accordingly set-aside. SD/- (E.S.INDIRESH) JUDGE BH List No.: 1 Sl No.: 29