- 1 - HC-KAR NC: 2025:KHC:18658 WP No. 30840 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 30840 OF 2024 (KLR-RES) BETWEEN: 1. C. KALASWAMI, S/O. SRI CHINNAIAH, AGED ABOUT 49 YEARS, R/AT N.BEGUR, H.D.KOTE TALUK, ANTHARASANTHE HOBLI, MYSORE DISTRICT - 571 116. 2. SRIHARI SRIRAMAIAH S/O SRI B. SRIRAMAIH, AGED ABOUT 51 YEARS, R/AT SITE NO.25, HOUSE LIST NO.298, FORMED IN SY. NO.68/2,68/3, 68/4, 68/5 AND 68/6, OF BEERAMBALLI VILLAGE, ANTHARASANTHE HOBLI, H.D KOTE TALUK, MYSORE DISTRICT - 571 114. ALSO R/AT NO.466, 4TH MAIN, 7TH CROSS, DOLLARS COLONY, RMV 2ND STAGE, BENGALURU - 560 094. 3. V. VELU PRAKASH, S/O SRI. V. T. VISWANATHAN, AGED ABOUT 51 YEARS, R/AT SITE NO.33, HOUSE LIST NO.306, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18658 WP No. 30840 of 2024 FORMED IN SY. NO.68/2, 68/3, 68/4, 68/5 AND 68/6, OF BEERAMBALLI VILLAGE, ANTHARASANTHE HOBLI, H.D KOTE TALUK, MYSORE DISTRICT - 571 114. ALSO R/AT NO.141, NARAYAN PILLAI STREET, NEAR COLES PARK, BHARATHI NAGAR, BENGALURU - 560 001. 4. RAJESH RAMAIAH, S/O SRI G.V. RAMAIAH, AGED ABOUT 42 YEARS, R/AT SITE NO.24, HOUSE LIST NO.297, IN SY.NO.68/2,68/3, 68/4,68/5 AND 68/6, OF BEERAMBALLI VILLAGE, ANTHARASANTHE HOBLI, HD KOTE TALUK, MYSORE DISTRICT - 571 114. ALSO R/AT NO.256, LEELARAM, 11TH CROSS, 2ND B MAIN, 1ST BLOCK BEL LAYOUT, VIDYARANYAPURAM, BENGALURU - 560 097. …PETITIONERS (BY SRI. BIPIN HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPT. OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE - 570 001. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA) - 3 - HC-KAR NC: 2025:KHC:18658 WP No. 30840 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.07.2024 IN NO. MYSDC-ALN2/13/2024 E-360658 PASSED BY THE R-2 VIDE ANNEXURE -A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioners are assailing the order dated 25.07.2024 (Annexure-A) passed by respondent No.2. 2. Heard Sri.Bipin Hegde, learned counsel appearing for the petitioners and Sri. Siddharth Baburao, learned Additional Government Advocate appearing for the respondents. 3. Sri.Bipin Hegde, learned counsel appearing for the petitioners drew the attention of the Court to the conversion orders produced at Annexures-B and C by the erstwhile owner of the land in question-Smt.Jayanthi Ballal - 4 - HC-KAR NC: 2025:KHC:18658 WP No. 30840 of 2024 and further contended that subsequently, the land in question has been purchased by one Sri.V.Chandrshekar, as per the sale deeds produced at Annexures-D, E and F and thereafter, sites have been formed and those sites have been sold to the petitioners herein. Hence, it is contended by the learned counsel appearing for the petitioners that the conversion order passed by respondent No.2 as per Annexures-B and C has been nullified by respondent No.2 as per the endorsement dated 29.10.2024 and respondent No.2 has no jurisdiction to cancel the conversion order as the said authority has become Functus-Officio to cancel the conversion order concerned, accordingly, sought for interference of this Court. 4. Per contra, Sri. Siddharth Baburao, learned Additional Government Advocate submitted that, if there is any violation of the conditions referred to in the conversion order, then respondent No.2 has power to - 5 - HC-KAR NC: 2025:KHC:18658 WP No. 30840 of 2024 cancel the conversion order passed in respect of petitioners. 5. In the light of submission made by the learned counsel appearing for the parties, it is not in dispute that the land in question which belongs to the erstwhile owner- Smt.Jayanthi Ballal and same was converted by respondent No.2, as per notification dated 05.11.2018 (Annexures-B and C) respectively. Thereafter, the land in question has been sold by the erstwhile owner- Smt.Jayanthi Ballal in favour of one Sri.V.Chandrashekar as per the sale deeds produced at Annexures-D, E and F. It is also forthcoming from the writ petition that, subsequently sites have been formed after obtaining approval from the competent authority as per Annexures- G and H, by the erstwhile owner. 6. Taking into consideration the fact that the land in question has been converted as per the notification dated 05.11.2018 produced at Annexures-B and C, I am of the view that, respondent No.2 has become Functus- - 6 - HC-KAR NC: 2025:KHC:18658 WP No. 30840 of 2024 Officio and has no jurisdiction to cancel the conversion made as per Annexures-B and C, respectively. 7. In that view of the matter, following the declaration of law made by this Court in WP.No.45634/2013 disposed of on 14.11.2013 and in WP.No.147844/2020 disposed of on 13.07.2021, I am of the view that respondent No.2 has no jurisdiction/authority to cancel the conversion order made at Annexures-B and C, respectively. 8. In that view of the matter, writ petition is allowed and the order of cancellation of conversion dated 25.07.2024 produced at Annexure-A, is hereby quashed. SD/- (E.S.INDIRESH) JUDGE PK List No.: 1 Sl No.: 58 CT: BHK