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2025 DAILYLAW 21379 (KAR)

RIZWAN HANIF v. THE DEPUTY COMMISSIONER

WP/10357/2025 · 2025-06-19

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21272 WP NO.10357 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.10357 OF 2025 (KLR-RES) BETWEEN: RIZWAN HANIF S/O HANIF AGED ABOUT 36 YEARS, R/AT NO.4-213, HALADI, INDIRA NAGAR HOUSE, SAJIPA MUNNURU VILLAGE AND POST, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT - 574 231. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALURU - 575 001. 2. THE ASSISTANT COMMISSIONER, DAKSHINA KANNADA DISTRICT, MANGALURU - 575 001. …RESPONDENTS (BY SRI. SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OFFICIAL MEMORANDUM/ORDER DATED 18TH FEBRUARY, 2014 BEARING NO.DKDC/2330/LNA(3)/2013-14 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A; DIRECT THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 20TH JANUARY, 2025 VIDE ANNEXURE-B; AND ETC. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21272 WP NO.10357 OF 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER Sri. Siddharth Baburao, learned Additional Government Advocate accepts notice for respondents. 2. In this writ petition, the petitioner is challenging the official memorandum dated 18th February, 2014 (Annexure-A) issued by the respondent No.1; inter alia sought for direction to the respondent No.1 to consider the representation dated 20th January, 2025 (Annexure-B) filed by the petitioner, seeking cancellation of order of conversion dated 18th February, 2014. 3. Heard Sri. B. Lethif, learned counsel appearing for the petitioner and Sri. Siddharth Baburao, learned Additional Government Advocate appearing for respondents. 4. Sri. B. Lethif, learned counsel appearing for the petitioner contended that the land in question has been converted by the respondent No.1 in terms of the order dated 18th February, 2014 (Annexure-A), however, the petitioner requires to retain the same for agricultural purpose and not - 3 - HC-KAR NC: 2025:KHC:21272 WP NO.10357 OF 2025 interested to convert the same for non-agricultural purpose. Accordingly, he sought for interference of this Court. 5. Per contra, Sri. Siddharth Baburao, learned Additional Government Advocate submitted that, once the order of conversion is made, the respondent No.1-Deputy Commissioner become functus officio and the said authority cannot consider the representation of the petitioner for cancellation of order of conversion. 6. In that view of the matter, it is open for the petitioner to approach the Karnataka Appellate Tribunal, challenging the order dated 18th February, 2014 (Annexure-A) and make submission with regard to withdrawing his claim of converting the land in question from agricultural purpose to non-agricultural purpose. With this observation, writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 41