- 1 - NC: 2025:KHC:6491 WP No. 36458 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 36458 OF 2024 (KLR-RES) BETWEEN: 1. SRI. AMARNATH C., AGED ABOUT 35 YEARS, S/O MR.CHANDRASHEKAR, 2. DIVYASHREE M, AGED ABOUT 33 YEARS, W/O MR. AMARNATH C, BOTH R/O NO.169, ATMA VIDYA NAGAR, 1ST MAIN, BYRATHI, DR. SHIVARAM KARANTH NAGAR POST, BANGALORE - 560 077. 3. MRS. ANNIE LIDWEENA, AGED ABOUT 43 YEARS, W/O ASHOK KUMAR M, R/O NO.25/2, BETHEL HOUSE, 3RD MAIN, 2ND CROSS, IYAPPA BLOCK, VIVEK NAGAR, BENGALURU - 560 047. 4. MR. ANTHONY BERLIN J, AGED ABOUT 36 YEARS, S/O JOHN XAVIER, 5. MRS. LIVINTA SHEKAR, AGED ABOUT 24 YEARS, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6491 WP No. 36458 of 2024 W/O ANTHONY BERLIN J, BOTH THE ABOVE ARE R/O NO.209, OASIS, 5TH CROSS, 1ST A MAIN, ATHMA VIDYA NAGAR, DODDA GUBBI, BANGALORE - 560 077. 6. MR. JOHNSON KELLEY.A., AGED ABOUT 50 YEARS, S/O. C. ANTONY DASS, R/O. FLAT NO.F1, 2ND BLOCK, BEL LAYOUT, BIDYARANYAPURA, BENGALURU - 560 097. 7. MR. WILSON KELLEY, AGED ABOUT 48 YEARS, S/O. C. ANTONY DASS, R/O. NO.5, AMAZING GRACE, NESTER EARTH VILLAMENTS, HANUMANTHAPPA LAYOUT, KYLASANAHALLI, NEAR EKYA SCHOOL, KRC BUS STOP, BODDAGUBBI MAIN ROAD, BENGALURU - 560 077. 8. MRS. LYDIA ROYAN, AGED ABOUT 48 YEARS, W /O MR.THOMAS ROYAN VINCENT, R/O NO.346, WOOD CREEK TERRACE FREMONT, CALIFORNIA - 94539, USA, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, MRS. ANNIE LIDWEENA, AGED ABOUT 43 YEARS, - 3 - NC: 2025:KHC:6491 WP No. 36458 of 2024 W/O. ASHOK KUMAR M, R/O.25/2, BETHEL HOUSE, 3RD MAIN, 2ND CROSS, IYAPPA BLOCK, VIVEK NAGAR, BENGALURU - 560 047. 9. MRS. PAVITHRA R.V, AGED ABOUT 36 YEARS, W/O. MR. ANDREWS ALBERT B, R/O NO.22/12, S.K.GARDEN, 4TH CROSS, BENSON TOWN POST, BANGALORE - 560 046. AADHAAR-3968-4546-2185. 10. MRS. SUSAMMA MATHEW, AGED ABOUT 69 YEARS, W/O.MATHEW JOSEPH, R/O.KARAMVELI MANNIL, CHITTAR SEETHATHODU, CHITTAR, PATHANAMITHITTA - 589 563, AADHAAR-3712-8534-9172. REPRESENTED BY HER SPECIAL POWER OF ATTORNEY HOLDER, MR. SHAJI RAJU KALLUMADIYIL, AGED ABOUT 42 YEARS, S/O. KALUMADIYIL SANKU RAJU, R/O. NO.202, COORG HABITAT, ATMANANDA COLONY MAIN ROAD, SULTANPALYA, OPP. SYNDICATE BANK, BANGALORE - 560 032. AADHAAR 2462-4815-2770. 11. MR. FREDRICK RAVI LEO, AGED ABOUT 60 YEARS, S/O. HARRY LEO, - 4 - NC: 2025:KHC:6491 WP No. 36458 of 2024 R/O. 200, GUBBI CROSS, ATHMAVIDYA NAGAR, KOTHANUR, BENGALURU - 560 077. 12. MR. SUBHASHA H.L., AGED ABOUT 52 YEARS, S/O. LAKSHMINARAYANA H.S., R/O. NO.207, ATMAVIDHYA NAGARA, 1ST A MAIN, 5TH CROSS, DODDAGUBBI ROAD, BYRATHI, BENGALURU - 560 077. 13. MR. RASHMI DR, AGED ABOUT 45 YEARS, W/O. SURESHA GJ, R/O. NO.144, PUSHPAGIRI 2ND MAIN, ATMAVIDYA NAGAR, BYRATHI, DODDAGUBBI MAIN ROAD, DR. SHIVARAMA KARANTH ROAD, BENGALURU - 560 077. AADHAAR-7429-9718-3035. 14. MRS. ROSHNI K., AGED ABOUT 37 YEARS, W/O. MOHAMMED TUFAIL, R/O. NO.41, FLAT NO.A1, NEW SAYYAJI RAO ROAD, MANDI MOHALLA POST, SANKALPA APTS, MYSORE - 570 021. AAHDAAR-7967-8307-0805. 15. MR. MOHAMMED TUFAIL, AGED ABOUT 48 YEARS, - 5 - NC: 2025:KHC:6491 WP No. 36458 of 2024 S/O. MOHAMMED TUFAIL, RO. FLAT NO.B1-403, KOLTE PATIL MIRABILLS APARTMENT, SY. NO.71, HORAMAVU AGARA MAIN ROAD, NEAR BBMP OFFICE, BENGALURU - 560 043. AADHAAR-5538-0181-5247. 16. MRS. MANJULA K, AGED ABOUT 41 YEARS, W/O MUNIRAJU, R/O.NO.583, HENNUR MAIN ROAD, RAMANNA LAYOUT, MAHADEVPURA, BYRATHI, BENGLAURU - 560 077. AADHAAR-4645-1828-5430. 17. MR. THANGAPERUMAL PONPANDI, AGED ABOUT 47 YEARS, S/O. PONPANDI, R/O. ELYSSIUM TOWNSHIP, NO.194, TRPT BHAVAN, ATMA VIDYA NAGAR, DODDA GUBBI ROAD, BYRATHIVILLAGE, KOTHANUR, BENGALURU - 560 077. AADHAAR-6868-7255-5144. 18. MRS. P. RANJITHAM, AGED ABOUT 47 YEARS, S/O. P. RANJITHAM, R/O. ELYSSIUM TOWNSHIP, NO.194, TRPT BHAVAN, ATMA VIDYA NAGAR, DODDA GUBBI ROAD, - 6 - NC: 2025:KHC:6491 WP No. 36458 of 2024 BYRATHI VILLAGE, KOTHANUR, BENGALURU - 560 077. AADHAAR-6868-7255-5144. 19. MR. SHIVA KUMAR S, AGED ABOUT 50 YEARS, S/O SRINIVASAN, R/O NO.208, GROUND FLOOR, 1ST A MAIN, OFF 5TH CROSS, DODDA GUBBI ROAD, SIDDESHWARA TEMPLE, ATHMA VIDYA NAGAR, KOTHANUR, BENGALURU - 560 077. AADHAR-6450-1995-6381. 20. MS. SHIRISHA M, AGED ABOUT 24 YEARS, D/O. MUNIRAJU, R/O. 583, HENNUR MAIN ROAD, RAMANNA LAYOUT, MAHADEVAPURA, BYRATHI, DR. SHIVARAMA KARANTH NAGAR, BENGALURU - 560 077. AAHDAAR 4615-5513-3095. 21. MRS. ANUSUYA, AGED ABOUT 38 YEARS, W/O. ASHOK R, R/O. NO.582, HENNUR MAIN ROAD, RAMANNA LAYOUT, MAHADEVAPURA, BYRATHI, BENGALURU - 560 077. AADHAAR 8653-6049-2159. - 7 - NC: 2025:KHC:6491 WP No. 36458 of 2024 22. MRS. RENUKA, AGED ABOUT 38 YEARS, W/O. RAVINDRA, R/O. 582, HENNUR MAIN ROAD, RAMANNA LAYOUT, MAHADEVAPURA, BYRATHI, BENGALURU - 560 077. AADHAAR 4365-3276-0341. 23. MR. C.K. MATHEW, AGED ABOUT 62 YEARS, S/O. KORAH, R/O. NO.3, 1ST CROSS, OPP. SHIVA TEMPLE, ATHMAVIDHYANAGAR, DODDA GUBBI, BENGALURU - 560 077. AADHAAR 8595-8419-0026. 24. MRS. ANJALI M, AGED ABOUT 42 YEARS, W/O. AIL KUMAR, R/O. NO.196, ATHMA VIDYA NAGAR, BYRATHI, KOTHANUR, BENGALURU - 560 077. AADHAAR 8638-2311-1648. 25. MR. ARAVINDHAKSHAN K PANICKER, AGED ABOUT 80 YEARS, S/O. KRISHNA PANICKER, R/O KARUKATHARA HARISUMAM, PANDALAM, NEAR PUTHANKAVIL DEVI TEMPLE, KARAMPALA, PATHANAMTHITTA - 689 501, - 8 - NC: 2025:KHC:6491 WP No. 36458 of 2024 KERALA. AADHAAR-4926-0288-6119. …PETITIONERS (BY SRI.KRISHNA S VYAS., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY PRL. SECRETARY, VIKAS SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, OFFICE AT KANDHAYA BHAVAN, K.G. ROAD, BENGALURU - 560 001. 3. THE ASST. DIRECTOR, BENGALURU PROJECT DIVISION, BANGALORE DEVELOPMENT AUTHORITY, KUMARA KRUPA, BENGALURU - 560 001. 4. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, HEAD OFFICE, CORPORATION CIRCLE, N.R.ROAD, BENGALURU - 560 001. 5. MR. N. YELLAPPA, AGED ABOUT 63 YEARS, S/O K. NANJAPPA, R/O NO.23, 3RD CROSS, JAGADISH COMPOUND, VST ROAD, - 9 - NC: 2025:KHC:6491 WP No. 36458 of 2024 LINGARAJAPURAM, ST. THOMAS TOWN POST, BENGALURU - 560 084. …RESPONDENTS (BY SRI.MANJUNATH K., HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. DIRECT, QUASHING THE IMPUGNED CONVERSION ORDER DATED 31ST MARCH 2023, ISSUED BY RESPONDENT NO.2, THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, IN FAVOR OF RESPONDENT NO.5, VIDE ANNEXURE-B AS THE SAME IS ILLEGAL, ARBITRARY AND OBTAINED THROUGH FRAUD AND MISREPRESENTATION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner has approached this Court challenging the conversion order issued under Section 95(2) of the Karnataka Land Revenue Act, 1964. He contends that the said order adversely affects his rights and interests in the land in question. The petitioner further alleges that the conversion order has been obtained through fraudulent means, thereby vitiating its legality. - 10 - NC: 2025:KHC:6491 WP No. 36458 of 2024 2. During the course of proceedings, when queried about the availability of an appellate remedy under the statute, it was brought to the Court’s attention that the impugned order is appealable, and the petitioner could seek redressal before the appropriate Tribunal. However, the petitioner’s counsel argues that despite the existence of such an alternative remedy, the petitioner is constrained to invoke the writ jurisdiction of this Court. The primary reason for this, as contended by the petitioner, is that he was not a party to the original conversion proceedings. Consequently, there exists a reasonable apprehension that the Tribunal may refuse to entertain his appeal on the ground of maintainability. 3. It is well-settled that if an order, whether executive or administrative in nature, adversely affects the rights of a citizen, he is entitled to seek judicial intervention for an appropriate remedy. In - 11 - NC: 2025:KHC:6491 WP No. 36458 of 2024 light of this legal position, while this Court refrains from adjudicating on the merits of the matter at this stage, the petitioner is granted the liberty to challenge the conversion order through appropriate legal means as provided under the law. 4. Accordingly, the writ petition is disposed of, reserving the petitioner’s right to pursue his grievance in the manner prescribed by law. Furthermore, it is directed that the period during which the matter remained pending before this Court shall be excluded for the purpose of limitation, in terms of the benefit conferred under Section 14 of the Limitation Act. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 15