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2025 DAILYLAW 55108 (KAR)

SMT. SHYLAJA, v. STATE OF KARNATAKA

WP/11792/2023 · 2025-06-18

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21081 WP No. 11792 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.11792 OF 2023 (KLR-LG) BETWEEN: SMT. SHYLAJA, W/O NAGARAJ B.K, AGED ABOUT 48 YEARS, R/O KUVEMPU BADAVANE, NEAR BARNUVE BUS STAND, BARUVE GOVATOOR, RIPPONPET, HOSANAGARA, SHIVAMOGGA -577426. …PETITIONER (BY SRI. K.V. SATEESHCHANDRA., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU -560001. 2. THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201. 3. THE ASSISTANT COMMISSIONER, HOSANAGARA SUB-DIVISON, SHIVAMOGGA-577201. 4. THE TAHSILDAR HOSANAGARA SUB-DIVISION, SHIVAMOGGA-577201. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21081 WP No. 11792 of 2023 …RESPONDENTS (BY SRI.MANJUNATH K., LEARNED HCGP FOR RESPONDENTS) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER, DATED 27.03.2023, VIDE ORDER BEARING NO.SMGDC-ALN2/ALSR/08/2021(E-67885) PASSED BY THE RESPONDENT NO.2 IN ANNX-H AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri. K.V. Sateesh Chandra, learned counsel appearing for the petitioner and Sri. Manjunath K., High Court Government Pleader appearing for respondents. 2. In this writ petition, petitioner is assailing the order dated 27.03.2023 bearing No.SMGDC-ALN2/ALSR/08/2021 (E-67885) passed by respondent No.2 produced at Annexure-H, rejecting the order of conversion on the ground that the petitioner has converted the land in question for the commercial purpose. - 3 - HC-KAR NC: 2025:KHC:21081 WP No. 11792 of 2023 3. In that view of the matter, since the impugned order dated 27.03.2023 bearing No.SMGDC-ALN2/ALSR/08/2021 (E67885) passed by respondent No.2 produced at Annexure-H is appealable under Section 49(c) the Karnataka Land Revenue Act, 1964 (for short 'Act of 1964'), the petitioner is permitted to approach the Karnataka Appellate Tribunal. If the petitioner approaches the Karnataka Appellate Tribunal, the Karnataka Appellate Tribunal is requested to condone the delay insofar as the period spent by the petitioner herein under Section 14 of the Limitation Act, 1963. Accordingly, the writ petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE PHM List No.: 1 Sl No.: 70