- 1 - HC-KAR CNR: KAHC010593712026 NC: 2026:KHC:49638 WP NO.27141 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.27141 OF 2026 (KLR-RES) BETWEEN: SHEKHARAPPA MUNCHINAMANE S/O KOTRAPPA, AGED ABOUT 80 YEARS, R/O SHAKUNAVALLI, JADE HOBLI, SORABA TALUK, SHIVAMOGGA DISTRICT – 577 419. …PETITIONER (BY SRI. CHANDRANATH ARIGA, ADVOCATE FOR SRI. MAHESH R. UPPIN, ADVOCATE) AND: 1. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA – 577 201. 2. TAHASILDAR TALUK EXECUTIVE MAGISTRATE, SORABA TALUK, SHIVAMOGGA DISTRICT – 577 429. 3. SARASWATHAMMA W/O KRISHNAPPA, AGE: MAJOR, SHAKUNAVALLI VILLAGE, JADE HOBLI, SORABA TALUK, SHIVAMOGGA DISTRICT – 577 419. 4. SMT. PARVATHI W/O BASAVARJ, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010593712026 NC: 2026:KHC:49638 WP NO.27141 OF 2026 D/O KRISHNAPPA, MANJUNATH CLINIC, SEEBARA VILLAGE, VANAVALLI POST, CHITRADURGA TALUK, CHITRADURGA DISTRICT – 577 502. 5. ASSISTANT COMMISSIONER SAGAR, SHIVAMOGGA DISTRICT – 577 401. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1, R2 AND R5; SRI. NISHANTH S.K., ADVOCATE FOR R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER BEARING NO.R.R.T.C.R-241/2020-21 DATED 24TH APRIL, 2024 PASSED BY THE RESPONDENT NO.2- TAHASILDAR, SORABA TALUK VIDE ANNEXURE-P; ORDER DATED 20TH NOVEMBER, 2025 PASSED BY THE RESPONDENT NO.5-ASSISTANT COMMISSIONER, SAGAR SUB-DIVISION IN CASE NO.RA/162/2024 VIDE ANNEXURE-Q; AND ORDER DATED 13TH AUGUST, 2026 PASSED BY THE RESPONDENT NO.1-DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT IN CASE NO.RP/151/2025 VIDE ANNEXURE-T; 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 - 3 - HC-KAR CNR: KAHC010593712026 NC: 2026:KHC:49638 WP NO.27141 OF 2026 ORAL ORDER Sri. Aditya Diwakara, learned Additional Advocate accepts notice for respondents 1, 2 and 5. 2. In this petition, the petitioner is challenging the order bearing No.R.R.T.C.R.241/2020-21 dated 24th April, 2024 (Annexure-P) passed by the respondent No.2-Tahsildar; order dated 20th November, 2025 (Annexure-Q) passed by the respondent No.5-Assistant Commissioner in Case No.RA/162/2024; and order dated 13th August, 2026 (Annexure-T) passed by the respondent No.1-Deputy Commissioner in Case No.RP/151/2025. 3. Heard Sri. K. Chandranath Ariga, learned counsel on behalf of Sri. Mahesh R. Uppin, appearing for the petitioner; Sri. Aditya Diwakara learned Additional Government Advocate appearing for respondents 1, 2 and 5; and Sri. Nishanth S.K., learned counsel appearing for respondents 3 and 4. 4. Sri. K. Chandranath Ariga, learned counsel appearing for the petitioner submits that the respondent No.5- - 4 - HC-KAR CNR: KAHC010593712026 NC: 2026:KHC:49638 WP NO.27141 OF 2026 Assistant Commissioner has passed the order dated 05th July, 2021 (Annexure-K) and thereafter, passed the Review order dated 05th August, 2021 (Annexure-L), which came to be questioned before the respondent No.1 in Case No.R.Mise.59/2021. Accordingly, learned counsel appearing for the petitioner submits that the respondent No.5 has no jurisdiction to review the earlier order dated 05th July, 2021 (Annexure-K). Accordingly, he sought for interference of this Court. 5. Sri. Aditya Diwakara, learned Additional Advocate General appearing for respondents 1, 2 and 5 sought to justify the impugned orders passed by the respondent-Authorities. 6. Sri. Nisanth S.K., learned counsel appearing for respondents 3 and 4 submits that the order dated 05th August, 2021 (Annexure-L) passed by the respondent No.5 is not an order of review as the respondent No.5 has made certain corrections in respect of error apparent in the order dated 05th July, 2021 (Annexure-K). Accordingly, he sought for dismissal of the petition. - 5 - HC-KAR CNR: KAHC010593712026 NC: 2026:KHC:49638 WP NO.27141 OF 2026 7. In the light of submission made by learned counsel appearing for the parties, on careful perusal of orders dated 05th July, 2021 (Annexure-K) and 05th August, 2021 (Annexure-L), it is forthcoming that the respondent No.5, while exercising review jurisdiction, has passed the order dated 05th August, 2021 (Annexure-L) and given a finding, which is contrary in terms of judgment of this Court in the case of SRI. N. CHANDRA REDDY V. STATE OF KARNATAKA reported in ILR 2016 KAR 3275, wherein, it is held that there is no provision under Karnataka Land Revenue Act for reviewing the order passed by the very same authority. In the aforementioned judgment, the order of Assistant Commissioner passed under Section 136(2) of the Karnataka Land Revenue Act was considered. In that view of the matter, I find force in the submission made by learned counsel appearing for the petitioner and as such, matter be remanded back to the respondent No.5 to take decision in the matter afresh. 8. Therefore, without going into merits of the case, the matter is remitted back to the respondent No.5-Assistant Commissioner with a direction to reconsider the issue afresh - 6 - HC-KAR CNR: KAHC010593712026 NC: 2026:KHC:49638 WP NO.27141 OF 2026 and take decision in the matter, after affording an opportunity of hearing to all the parties concerned. Since, the parties are represented through their learned counsels, in order to avoid further delay in the matter, parties are directed to appear before the respondent No.5 on 14th October, 2026 at 11.00 a.m. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 31