Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19669 WP No. 19344 of 2023 C/W WP No. 35378 of 2024
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.19344 OF 2023 (KLR-RES) C/W WRIT PETITION NO.35378 OF 2024
IN WP No. 19344/2023 BETWEEN:
1. MR. A.G. SHIVAPRAKASH S/O GANGAPPA GOWDA AGED 62 YEARS, RESIDING AT MIG 16, NEAR VINAYAKA VIDY SAMSTHE, WARD NO.18, HOUSING BOARD, KUNIGAL-572130. 2. MRS. S. NIRMALA W/O T.H. MAREGOWDA AGED 52 YEARS, RESIDING AT LAKSHMI NILAYA NEAR VINAYAKA VIDYA SAMSTHE, WARD NO. 18, VIDYNAGAR, KUNIGAL-572130. 3. MR. K.G. MANJUNATH S/O K.G. GANGAIAH AGED 43 YEARS R/AT SRI GANGADHARESHWARA NILAYA, NEAR VINAYAKA VIDYA SAMSTHE, WARD NO. 18, VIDYANAGAR, KUNIGAL-572130. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:19669 WP No. 19344 of 2023 C/W WP No. 35378 of 2024
4. MR. RANGASWAMYA R.
S/O LATE RAMANNA AGED 54 YEARS, RESIDING AT SRI. RANGANATHA SWAMY NILAYA, NEAR VINAYAKA VIDYA SAMSTHE, WARD NO. 18, VIDYANAGAR, KUNIGAL - 572130. 5. MRS. VINUTHA W/O RANGASWAMY R.
AGED 40 YEARS, RESIDING AT SRI. RANGANATHA, SWAMY NILAYA, NEAR VINAYAKA VIDYA SAMSTHE, WARD NO. 18, VIDYANAGAR, KUNIGAL - 572130. …PETITIONERS (BY SRI. AKSHAY KUMAR JAIN, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY DEPARTMENT OF REVENUE, M.S.BUIDLDING, AMBEDKAR VEEDHI, BANGALORE - 560001. 2. THE DEPUTY COMMISSIONER MINI VIDHANA SOUDHA, TUMKUR - 572101. 3. THE TAHASILDAR KUNIGAL TALUK, KUNIGAL, TUMKUR-573120. 4. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL,
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HC-KAR NC: 2025:KHC:19669 WP No. 19344 of 2023 C/W WP No. 35378 of 2024
BM ROAD, KUNIGAL, TUMKUR DIST - 573120. 5. K. RAMESH RAJU S/O K.V. DASARAJU, AGED ABOUT 55 YEARS, SHRI RAGHAVENDRA NILAYA, 3RD MAIN, 9TH CROSS, S.I.T EXTENSION, TUMKUR TOWN, TUMKUR DISTRICT - 572101. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R3;
SRI. V.D. SHIVASHANKAR, ADVOCATE FOR R4;
SRI. DEEPAK S. SHETTY, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CONVERSION ORDER DATED 19.09.2014 VIDE ANNEXURE-D; QUASH THE LAYOUT PLAN VIDE ANNEXURE-G AND CONSEQUENTLY DIRECT THE RESPONDENT NOS.1 TO 4 CONSIDER THE REPRESENTATION DATED 15.06.2022 SUBMITTED BY THE PETITIONERS VIDE ANNEXURE-H.
IN WP NO. 35378/2024 BETWEEN:
SRI. N L HEMAJINAIK, S/O LAKSHMANANAIK, AGED 53 YEARS R/AT #2682/1, HOUSING BOARD COLONY, KUNIGAL RURAL, TUMKUR-572130.
...PETITIONER (BY SRI. AKSHAY KUMAR JAIN, ADVOCATE)
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HC-KAR NC: 2025:KHC:19669 WP No. 19344 of 2023 C/W WP No. 35378 of 2024
AND:
1. THE STATE OF KARNATAKA BY DEPARTMENT OF REVENUE, M.S.BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560001. 2. THE DEPUTY COMMISSIONER, MINI VIDHANA SOUDHA, TUMKUR-572101. 3. THE TAHASILDAR, KUNIGAL TALUK, KUNIGAL, TUMKUR-573120. 4. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, BM ROAD, KUNIGAL, TUMKUR DISTRICT - 573120. 5. THE SUB-REGISTRAR, SUB-REGISTRAR OFFICE, BESIDE B.G.S. PUBLIC SCHOOL, KRS AGRAHAARA, B.M.ROAD, KUNIGAL, TUMKUR- 572130. 6. THE INSPECTOR OF POLICE KUNIGAL POLICE STATION, KUNIGAL, TUMKUR - 572130
7. K RAMESH RAJU S/O K V DASARAJU, AGED ABOUT 55 YEARS,
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HC-KAR NC: 2025:KHC:19669 WP No. 19344 of 2023 C/W WP No. 35378 of 2024
SHRI RAGHAVENDRA NILAYA, 3RD MAIN, 9TH CROSS, S I T EXTENSION, TUMKUR TOWN, TUMKUR DISTRICT - 572101. ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1 TO R3, R5 & R6 R4 SERVED SRI. DEEPAK S. SHETTY, ADVOCATE FOR R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CONVERSION
ORDER BEARING NO. NAM.A.L.N(G AND K) C.R.37/14-15 ISSUED BY RESPONDENT NO.2 DATED 19.09.2014 VIDE ANNEXURE- B; QUASH THE LAYOUT PLAN BEARING NO.11/19-2020 VIDE ANNEXURE-E; DIRECT THE RESPONDENT NO.6 TO REGISTER THE CRIMINAL CASE AND INITIATE OTHER LEGAL PROCEEDINGS AGAINST THE RESPONDENT NO.7 FOR TRESPASSING AND ENCROACHING THE GOVERNMENT LAND IN SY NO.17/2 MEASURING 9.04 SITUATED AT KUNIGAL, KASABA TALUK, TUMKUR DISTRICT AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:19669 WP No. 19344 of 2023 C/W WP No. 35378 of 2024
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In these writ petitions, petitioners are assailing the order of conversion dated 19.09.2014 issued by respondent No.2.
2. Learned High Court Government Pleader Sri.Manjunath K., raised preliminary objection stating that the petitioners have to avail the remedy as provided under S.49(c) of the Karnataka Land Revenue Act, 1964.
3. In that view of the matter, since the impugned order is an appealable order and the petitioners have to approach the competent Tribunal for redressal of their grievances as per S.49(c) of the Karnataka Land Revenue Act, 1964, the writ petition cannot be accepted. Reserving such liberty to the petitioners to approach the competent Tribunal, if so desired, the writ petitions are disposed of.
4. All contentions of the parties are kept open.
SD/- (E.S.INDIRESH) JUDGE
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