Karnataka High Court
Sri Ramesh M N vs State Of Karnataka on 5 August, 2024
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NC: 2024:KHC:31011
WP No. 20809 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 20809 OF 2024 (KLR-CON)
BETWEEN:
1. SRI. RAMESH .M.N
S/O. NARASIMHAIAH
AGED ABOUT 49 YEARS
R/AT NO. S-6, DHANU
1ST MAIN ROAD CROSS
VISHWANNA LAYOUT
SHANTHI NAGARA
TUMKUR-572 102.
2. SMT. K. GIRIJAMMA
W/O. M.N. RAMESH
AGED ABOUT 63 YEARS
R/AT NO. S-6, DHANU
SHANTHINAGARA
VISHWESHARAHAIAH LAYOUT
TUMKUR-572 102.
Digitally signed
by CHAITHRA A ...PETITIONERS
Location: HIGH
COURT OF (BY SRI. ANOOP HARANAHALLI, ADVOCATE)
KARNATAKA
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
M.S. BUILDING
AMBEDKAR VEEDHI
BANGALORE-560 001.
REP. BY ITS SECRETARY.
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NC: 2024:KHC:31011
WP No. 20809 of 2024
2. THE DEPUTY COMMISSIONER
TUMKUR TALUK
TUMKUR-572 102.
...RESPONDENTS
(BY SMT. B.P. RADHA, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTITON OF INDIA, PRAYING TO QUASH THE
ORDER DTD. 01.06.2024 BEARING NO.
TMKDC/ALN/ALTM/1/2024-LAND-TUMKUR DC E-357634
ISSUED BY THE R-2 PRODUCED AT ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The petitioners have questioned the impugned order
dated 01.06.2024 issued by the respondent No.2 vide
Annexure-A canceling the conversion order passed on
26.02.2018 thereby permitting petitioners to obtain a
single site layout plan. Vide impugned order, the
respondent No.2 has cancelled the conversion order
without issuing notice to the petitioners.
2. Heard learned counsel for the petitioners and
learned AGA for the respondents. Perused the records.
NC: 2024:KHC:31011
3. The short point that needs consideration at the
hands of this Court is as to whether respondent
No.2/Deputy Commissioner has power to recall the
conversion order passed under Section 95 of the
Karnataka Land Revenue Act. The said controversy will
not detain this Court for long in the light of the judgment
rendered by the coordinate Bench in an unreported
judgment. This Court in W.P.No.45634/2013, held that
once order is passed under Section 95 of the Karnataka
Land Revenue Act, the authority permitting conversion
from agricultural to non-agricultural becomes functus
officio. The coordinate Bench held that there can be no
review of administrative action unless specifically provided
in the Statute.
4. Learned AGA, however, in support of the order
under challenge has placed reliance on the Circular dated
30.06.2023. I have given my anxious consideration to the
Circular dated 30.06.2023.
NC: 2024:KHC:31011
5. The said circular prima facie has no sanctity in
the eye of law. The circular conferring power on Deputy
Commissioner to recall conversion orders is not supported
by any law or judicial precedents. The circular clearly is
found to be in contravention of the law laid down by this
Court in an unreported judgment. Once the conversion
order is passed under Section 95, the respondent
No.2/Deputy Commissioner had no authority to recall the
said order under the impugned order dated 01.06.2024.
The order under challenge is not supported by any Rule or
Law enabling the Deputy Commissioner to recall the
conversion order.
6. In the light of the judgment rendered by the
coordinate Bench, the facts and circumstances being
identical and similar, the impugned order is liable to be set
aside.
7. For the foregoing reasons, this Court proceeds
to pass the following:
NC: 2024:KHC:31011
ORDER
(i) Writ petition is allowed;
(ii) The impugned order dated 01.06.2024
passed by respondent No.2 vide Annexure-A is
hereby quashed and the original conversion
order stands restored.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
