Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9733 WP No. 28419 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 28419 OF 2024 (KLR-CON) BETWEEN:
1.
SMT. ROOPA. R W/O SRI S RAVIFKUMAR AGED ABOUT 40 YEARS R/AT AJITH NILAYA 1ST MAIN ROAD, CHURCH ROAD SHARAVATHINAGAR SHIVAMOGGA 577201 …PETITIONER (BY SRI. VARUN R R., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REVENUE DEPARTMENT MS BUILDING, BENGALURU-560001 REP BY ADDL CHIEF SECRETARY
2.
DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA 577201 …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ONLINE ENDORSEMENT DATED 02.04.2024 PASSED BY THE R-1- DC, SHIVAMOGGA REJECTING THE APPLICATION OF THE PETITIONER HEREIN SEEKING FOR CONVERSION/ ALIENATION IN RESPECT OF PROPERTY BEARING SY NO. 90/ /11 (OLD SY NO. 90 /1A1 AND NO.90) MEASURING ABOUT 2.3 GUNTAS
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:9733 WP No. 28419 of 2024
SITUATED AT KALLAHALLI VILLAGE, KASABAAIA HOBLI, SHIVAMOGGA TALUK, SHIVAMOGGA VIDE ANNEXURE-A, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. As against the impugned order, which is an order by which the request of the petitioner for conversion has been rejected, the statute provides an appeal.
2. In the light of the above, the petitioner is relegated to the remedy of availing the remedy provided to file an appeal.
3.
Learned counsel for the petitioner however submits that, while the Deputy Commissioner refused the permission requested by the petitioner, he had in fact granted permission in respect of similar lands.
4. In my view, this is a ground which can be urged by the petitioner in the appeal and if such a ground is urged, the Appellate Court shall take the same into
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NC: 2025:KHC:9733 WP No. 28419 of 2024
consideration and also pass appropriate orders in accordance with law.
5. The petitioner is permitted to file an appeal within a period of four weeks from today. If such an appeal is filed, the question of limitation would not be taken into consideration, since this petition was pending
consideration.
6. This petition is accordingly disposed of.
7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
GSR List No.: 1 Sl No.: 6