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2026 DAILYLAW 9884 (KAR)

THE AIRCRAFT EMPLOYEES HOUSE BUILDING v. THE STATE OF KARNATAKA

WP/12245/2024 · 2026-02-09

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7734 WP No. 12245 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 12245 OF 2024 (KLR-RES) BETWEEN: THE AIRCRAFT EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY LIMITED SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT, HAVING OFFICE AT NO. 15, 1ST CROSS, CKC GARDEN OPPOSITE TO HCG HOSPITAL K H ROAD, (DOUBLE ROAD) BANGALORE- 560 027 REP BY ITS AUTHORIZED PROPRIETOR REPRESENTATIVE B H BALAJI S/O LATE HONNEHALEGOWDA …PETITIONER (BY SMT. DEEPIKA JOSHIFER FOR SRI. SANDEEP LAHIRI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI, BENGALURU- 560 001 REP BY ITS PRINCIPAL SECRETARY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7734 WP No. 12245 of 2024 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT FOURTH FLOOR, DC OFFICE BUILDING REVENUE COMPLLEX KEMPEGOWDA RD, GANDHI NAGAR BENGALURU- 560 009 3. THE TAHSILDAR BANGALORE SOUTH TALUK BNANGALORE- 560 009 4. THE DEPUTY TAHSILDAR BEGUR HOBLI BANGALORE SOUTH TALUK BANGALORE- 560 009 …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO CONSIDER THE APPLICATION OF THE PETITIONER DTD 23.01.2024 BEARING REF.NO.AEHBCS/935 TO CANCEL THE ORDER OF CONVERSION DTD 12.11.2008N BEARING NO. ALN (SB) SR/01/2008.09 VIDE ANNEXURE- A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. - 3 - HC-KAR NC: 2026:KHC:7734 WP No. 12245 of 2024 2. Learned Additional Government Advocate raises a preliminary objection that the prayer in this writ petition is directed against the order of conversion at Annexure-H dated 25.11.2008. Learned Additional Government Advocate submits that firstly the petitioner cannot seek from this Court, a writ of mandamus directing respondent No.2-Deputy Commissioner, Bangalore Urban District, to consider the representation given by the petitioner to cancel the order of conversion. Once the Deputy Commissioner has passed the order, he becomes functus officio. Therefore, the remedy available for the petitioner is to approach the Karnataka Appellate Tribunal by filing an appeal to seek cancellation of the order of conversion. 3. This court in several of its judgments, including the one in W.P.No.44580/2017 in the case of Smt.Parvathamma v. The State of Karnataka and Others, which was disposed of on 11.10.2017, has held that the Deputy Commissioner becomes functus officio after he passes an order under Section 95 of the KLR Act converting the lands. 4. Upholding the submissions of the learned Additional Government Advocate and in terms of the law laid down by this - 4 - HC-KAR NC: 2026:KHC:7734 WP No. 12245 of 2024 court, the writ petition stands disposed of, reserving liberty to the petitioner to approach the Karnataka Appellate Tribunal to redress his grievance. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 38