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2025 DAILYLAW 23085 (KAR)

SRI N B UDAYAKUMAR v. STATE OF KARNATAKA

WP/10428/2025 · 2025-07-01

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23290 WP NO.10428 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.10428 OF 2025 (KLR-RES) BETWEEN: SRI. N.B. UDAYAKUMAR S/O N. BABU NAIKA, AGED ABOUT 57 YEARS, R/AT NO.1/264, ASHISH NILAYA, NANDILA, HARADY, KASABA, PUTTUR, DAKSHINA KANANDA - 574 201. …PETITIONER (BY SRI. GOVINDARAJU K., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REP. BY ITS SECRETARY. 2. DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALURU - 575 001. 3. ASSISTANT COMMISSIONER, PUTTUR SUB-DIVISION, DAKSHINA KANNADA DISTRICT - 574 201. 4. THE TAHSILDAR PUTTUR TALUK, DAKSHINA KANNADA DISTRICT - 574 201. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23290 WP NO.10428 OF 2025 5. MEMBER SECRETARY, TOWN PLANNING AUTHORITY, PUTTUR LOCAL PLANNING AREA, KUMBARADA GUDI KAIGARIKA SAHAKARI SANGHA, KULAL BHAVAN BUILDING, PUTTUR, DAKSHINA KANNADA - 574 201. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR RESPONDENTS 1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 13TH FEBRUARY, 2025 SUBMITTED BY THE PETITIONER VIDE ANNEXURE-A AND TAKE NECESSARY ACTION IN ACCORDANCE WITH LAW WITHIN TIME LIMIT FIXED BY THIS HON'BLE COURT IN THE INTEREST OF JUSTICE; AND ETC. 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 Smt. Navya Shekhar, learned Additional Government Advocate accepts notice for respondents 1 to 4. 2. In this writ petition, the petitioner is seeking direction to the respondent No.2 to consider the representation dated 13th February, 2025 (Annexure-A) for cancellation of conversion order in respect of the land in question. - 3 - HC-KAR NC: 2025:KHC:23290 WP NO.10428 OF 2025 3. Heard Sri. Govindaraju K., learned counsel appearing for the petitioner and Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents 1 to 4. 4. Having heard the learned counsel appearing for the parties and on perusal of the writ petition, it is not in dispute that the land in question was converted for commercial purpose. Therefore, I am of the view that, once the order of conversion has been made by the respondent No.2-Deputy Commissioner, the said authority become functus officio and cannot reconsider the same for cancellation of the order of conversion. In that view of the matter, if the petitioner is aggrieved by the order of conversion, it is open for the petitioner to approach the Karnataka Appellate Tribunal in accordance with. All contentions of the parties are kept open. With this observation, writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 35