Karnataka Land Revenue Act | Deputy Commissioner Cannot Invoke Inherent Powers To ‘Casually Rescind’ 25 Yr Old Conversion Order: High Court
Case: C G Jagdish AND State of Karnataka
Coram: Chief Justice Prasanna B Varale and Justice Krishna S Dixit
Case No.: Writ Appeal No. 387 of 2023
Court Observation: “The inherent power vested in a Revenue Court by virtue of Section 25 of the 1964 Act could not have been invoked, even if we agree that the order of conversion was statutorily appealable. A resort to inherent power is not like a drug of choice for a physician.”
The Deputy Commissioner admittedly is not the Appellate Authority in matters like this and therefore, he could not have invoked Section 25 as if he was sitting in appeal,”.
“The learned Single Judge has rightly observed that whatever grievance the appellant can have against the Conversion Order can be considered only after he established title to the land in question. Thus, he has not foreclosed the issue. Therefore, much grievance cannot be raised against the impugned order which has brought about a just result by balancing the competing claims of the rival parties.”
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Karnataka Land Revenue Act
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