- 1 - HC-KAR NC: 2026:KHC:9238-DB WA No. 772 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 772 OF 2025 (KLR-RES) BETWEEN: 1. MR. VISHNU SHANKER SHUKLA S/O HAZARILAL SHUKLA AGED ABOUT 76 YEARS, RESIDENT AT #67 68 441 442 GREEN ACRES, BELLARY MAIN ROAD. DODDAJALA, BENGALURU – 562 157. …APPELLANT (BY SRI. SUSHANT TIWARI, ADVOCATE FOR SRI. NISHAN G.K, ADVOCATE) AND: 1. M/S THE HAMLET A REGISTERED PARTNERSHIP FIRM, NO.11, KEMWELL HOUSE, TUMKUR ROAD, YESHWANTHAPURA, BANGALORE – 560 022. REPRESENTED BY ITS PARTNER MR. ANURAG BAGARIA 2. NABS TECHPARK PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013, HAVING OFFICE AT 4TH FLOOR, SALARPURIA WINDSOR, 3, ULSOOR ROAD, BANGALORE – 560 042. REPRESENTED BY ITS AUTHORIZED SIGNATORY Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9238-DB WA No. 772 of 2025 MR. ASHWIN SNCHETI S/O. MANOHARCHAND SANCHETI AGED ABOUT 47 YEARS 3. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU – 560 001. 4. DEPUTY COMMISSIONER BENGALURU DISTRICT, BENGALURU – 560 001. 5. TAHSILDAR YELAHANKA, MINI VIDHANA SOUDHA BENGALURU – 560 064. 6. MR. MUNAIAHA S/O LATE LACHAPPA, AGED ABOUT 55 YEARS RESIDING AT MEENUKUNTE VILLAGE JALA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT – 562 157. 7. MR. ESHWARAPPA S/O LATE GUNAPPA AGED ABOUT 50 YEARS RESIDING AT MEENUKUNTE VILLAGE JALA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT – 562 157. …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R3-R5; SRI. P N MANMOHAN, ADVOCATE FOR SRI. VINAY N, ADVOCATE FOR R1 & R2; V/O DATED 22/5/25, NOTICE IN R/O R6 & R7 WAS DEFERRED) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 27.01.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 15250 OF 2024 (ANNEXURE-A) AND ETC., - 3 - HC-KAR NC: 2026:KHC:9238-DB WA No. 772 of 2025 THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. Heard Mr. Sushant Tiwari, learned counsel for the appellant, Mr. Mohammad Jaffar Shah, learned Additional Government Advocate for the respondents No.3 to 5 and Mr. P.N. Manmohan for respondents No.1 and 2. 2. The present writ appeal has been filed impugning the order dated 27.01.2025 passed by the learned Single Judge in W.P No.15250/2024. 3. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 4. The petitioners had filed the writ petition challenging the order dated 15.05.2024 passed by the Deputy Commissioner, cancelling the conversion of their land for non-agricultural purposes dated 09.08.1996 and 05.09.1996. - 4 - HC-KAR NC: 2026:KHC:9238-DB WA No. 772 of 2025 5. The order of granting conversion came to be cancelled after 28 years on an application filed by the respondent No.6, the appellant herein. The land bearing Survey No.45 measuring 5 acres 3 guntas situated at Meenukunte Village, Jala Hobli, Yelahanka Taluk, was converted for non-agricultural purposes by the Deputy Commissioner vide order dated 09.08.1996 and 05.09.1996. The respondent No.6 appears to have purchased some adjacent land by two registered sale deeds. The respondent No.6 has also neighbouring land. It appears that he also wanted the conversion of his land to non-agricultural purpose. 6. The respondent No.6 filed an application before the Deputy Commissioner in the year 2022, alleging that the conversion was granted in respect of the petitioners' land on the basis of wrong facts stated in the affidavit. It was stated that the petitioners have shown a road to reach their land through the respondent No.6 land, whereas no such road exists on the ground. Therefore, he requested the Deputy Commissioner to cancel the two conversion - 5 - HC-KAR NC: 2026:KHC:9238-DB WA No. 772 of 2025 orders dated 09.08.1996 and 05.09.1996 measuring 5 acres 3 guntas. 7. The learned Single Judge, having noted the relevant provision and earlier decisions of this Court, has allowed the writ petition and set aside the order passed by the Deputy Commissioner on the ground that under the provisions of the Karnataka Land Revenue Act, 1964 (for short ‘KLR Act’) and rules made thereunder, there is no power vested in the Deputy Commissioner to review his own orders on his conversion. 8. The learned counsel for the appellant has submitted that the learned Single Judge has omitted to take note of the amended provision of Section 95 of the KLR Act, which has been brought in with effect from 12.01.2023. The submission is that, in amended provision under Section 95(2)(iii) of the KLR Act, if a land for conversion is obtained with a false or wrong declaration or affidavit in relation to the criminal liabilities, such conversion shall be treated as null and void. - 6 - HC-KAR NC: 2026:KHC:9238-DB WA No. 772 of 2025 9. We have perused the amended provisions of the KLR Act. The amended provisions have come into effect from the date notified in the Official Gazette i.e., on 12.01.2023. The amended provisions do not have any retrospective operation. Therefore, conversions granted after 12.01.2023 are liable to be declared as null and void if obtained on the basis of false or wrong declaration or affidavit made by a person seeking conversion. This provision would not operate in respect of the conversion granted way back in 1996. 10. We are of the considered view that the learned Single Judge has rightly allowed the writ petition and set aside the order passed by the Deputy Commissioner dated 15.05.2024, cancelling the conversion orders dated 09.08.1996 and 05.09.1996. 11. Before 12.01.2023, the Deputy Commissioner did not have the power to review his own order. The power of review has been vested with the Deputy Commissioner only after 12.01.2023. As the amended provisions have only prospective operation, it will not empower the - 7 - HC-KAR NC: 2026:KHC:9238-DB WA No. 772 of 2025 Deputy Commissioner to cancel the orders of conversion already granted, particularly 28 years before the date when the Deputy Commissioner passed the order dated 15.05.2024, canceling the conversion orders dated 09.08.1996 and 05.09.1996. Therefore, we dismiss this writ appeal as we find no merit or substance. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 7