Sri. Mohammed Muktar Ahmed vs State Of Karnataka
2022 Latest Caselaw 12552 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 18TH DAY OF OCTOBER, 2022

                          BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.12076 OF 2022 (KLR - RES)

BETWEEN:
SRI. MOHAMMED MUKTAR AHMED,
AGED 69 YEARS,
S/O MOHAMMED CHANDA HUSSAIN,
R/AT YERGERA, OPP. ZAMIA MASJID,
TALUK AND DISTRICT
RAICHUR - 584 133.
                                             ...PETITIONER
(BY SRI.A.G.BALLOLLI, ADVOCATE)

AND:

1.     STATE OF KARNATAKA,
       BY ITS PRINCIPAL SECRETARY,
       REVENUE DEPARTMENT,
       DR. B.R.AMBEDKAR BEEDHI,
       M.S.BUILDING,
       VIDHANA SOUDHA,
       BANGALORE - 560 001.

2.     THE DEPUTY COMMISSIONER,
       RAICHUR DISTRICT,
       RAICHUR - 584 101.

3.     THE THASILDAR,
       RAICHUR TALUK,
       RAICHUR DISTRICT - 584 101.
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4.   THE ASSISTANT DIRECTOR,
     TOWN AND COUNTRY PLANNING AUTHORITY,
     NO.1-11-60/126/B/1B AND 2B,
     SLV LAYOUT, LINGASUGURU ROAD,
     OPP. AGRICULTURAL UNIVERSITY,
     RAICHUR - 584 102.

5.   THE PANCHAYATH DEVELOPMENT OFFICER,
     YARGERA GRAM PANCHAYATH,
     YARGERA, TALUK AND DISTRICT
     RAICHUR - 584 101.
                                       ...RESPONDENTS

(BY SRI.R.SRINIVASA GOWDA, AGA FOR R1 - 4;
    NOTICE TO R5 DISPENSED WITH VIDE ORDER
    DATED 18.10.2022)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED
09.01.2020 AND 05.04.2022 AS PER ANNEXURE-A AND B;
GRANT AN INTERIM ORDER DIRECTING NOT TO PROCEED THE
CONSTRUCTIONS TO BE CONSTRUCTED ATTACHED TO THE
VILLAGE ROAD LEADING FROM YEREGER TO JAMBALA DINNI
THE ROAD BOUNDARY ENCROACHED IN THE CONVERTED LAND
IN QUESTION AND ETC.,


     THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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                             ORDER

The short grievance of the petitioner is as to non-

consideration of his representation dated 09.01.2020

(Annexure-A) wherein he has sought for rescinding of the

conversion order made under Section 95 of the Karnataka

Land Revenue Act, 1964. Learned counsel for the petitioner

submits that where a citizen makes a representation, the

same cannot be kept in a cold storage endlessly because of

the constitutional mandate enacted in Article 350.

2. Learned AGA on request having accepted notice

for the respondent Nos.1 to 4 and notice to respondent

No.5 having been dispensed with opposes the petition

contending that once the land is converted, the result is

irreversible and therefore, there cannot be a request for

rescinding the conversion order. Having so contended, he

fairly agrees to instruct his client respondent No.2 i.e.,

Deputy Commissioner to consider the petitioner's

representation in accordance with law and within a

reasonable time; this is fair enough.

In view of the above, the writ petition is disposed off.

The consideration and disposal of subject representation

shall be made within an outer limit of three months. All

contentions are kept open. Costs having been made easy.

Registry shall send a copy of this judgment to 5th

respondent- local body by speed post immediately.

Sd/-

JUDGE DS