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2025 DAILYLAW 27515 (KAR)

M/S NAVARATNA SUPER PROJECTS PRIVATE LIMITED v. STATE OF KARNATAKA

WP/16142/2025 · 2025-06-10

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19660 WP No. 16142 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.16142 OF 2025 (KLR-CON) BETWEEN: M/S NAVARATNA SUPER PROJECTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT,1956 HAVING ITS REGISTERED OFFICE AT NO.2/4, LANGFORD GARDENS, RICHMOND TOWN, BANGALORE-560025. REPRESENTED BY ITS AUTHORIZED SIGNATORY/ MANAGING PARTNER SRI. B. M KARUNESH. …PETITIONER (BY SRI. SAMMITH S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER KANDAYA BHAVANA RAMANAGARA DISTRICT, RAMANAGARA -562 159. 3. SRI. DINESH KALLAHALLI Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19660 WP No. 16142 of 2025 AGED : MAJOR, R/A KALAHALLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT, RAMANAGARA-562117. 4. THE DEPUTY CONSERVATOR OF FORESTS BANNERGHATTA NATIONAL PARK, BENGALURU-560083. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1, R2 & R4; V/O DATED NOTICE TO R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.02.2025 BEARING NO. 84/2024(512544) ISSUED BY THE RESPONDENT NO. 2 TO THE PETITIONER, AS CONTAINED IN ANNEXURE - J. DIRECT THE RESPONDENT NO. 2 TO RESTRAIN ITSELF AND ITS AGENTS OR SUBORDINATES, AND ANY OTHER GOVERNMENTAL AUTHORITIES FROM INTERFERING WITH THE PETITIONER'S RIGHT TO DEVELOP AND USE THE CONVERTED LAND IN ACCORDANCE WITH THE CONVERSION ORDER DATED 04.09.2015 BEARING NO. ALN(K)/CR/106-2014-15 AS CONTAINED IN ANNEXURE-'G'. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this writ petition, the petitioner is assailing the order dated 05.02.2025 passed by respondent No.2 herein, produced as Annexure-J. - 3 - HC-KAR NC: 2025:KHC:19660 WP No. 16142 of 2025 2. I have heard Sri. Sammit S., learned counsel for the petitioner and Smt. Navya Shekar, learned Additional Government Advocate appearing for the respondents. 3. It is contended by the learned counsel appearing for the petitioner that respondent No.2 has no jurisdiction to cancel the earlier conversion order dated 25.08.2015/04.09.2015 (Annexure-B) and accordingly, sought for interference of this Court. 4. Per contra, Smt. Navya Shekar, learned Additional Government Advocate sought to justify the writ petition. 5. Having taken note of the submissions made by learned counsel appearing for the parties, it is not in dispute that respondent No.2 has passed the order of conversion as per Annexure-B dated 25.08.2015/04.09.2015, thereafter, respondent No.2 at the instance of the complaint with regard to the same, has set aside the earlier order of conversion dated 25.08.2015/04.09.2015. 6. It is well established principle that once the order passed by respondent No.2 as per Annexure-B, the authority - 4 - HC-KAR NC: 2025:KHC:19660 WP No. 16142 of 2025 respondent No.2 has become functus officio and he has no jurisdiction to cancel the same as per Annexure-J. In terms of the Order passed by this Court in 'SMT. RATNA Vs. DEPUTY COMMISSIONER, D.K. DISTRICT' in W.P.No.45634/2013, dated 14.11.2013, the respondent No.2 has become functus officio and he has no jurisdiction to recall an administrative action unless specifically provided in the statute. 7. Accordingly, I pass the following: ORDER (i) The Writ petition is allowed. (ii) The order dated 05.02.2025 passed by respondent No.2 herein, as per Annexure-J, is hereby set aside. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 20