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2025 DAILYLAW 72080 (KAR)

THE AIRCRAFT EMPLOYEES HOUSE BUILDING v. THE STATE OF KARNATAKA

WP/10581/2024 · 2025-09-10

R Devdas

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35737 WP No. 10581 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.10581 OF 2024 (KLR-CON) BETWEEN: THE AIRCRAFT EMPLOYEES' HOUSE BUILDING COOPERATIVE SOCIETY LIMITED SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, HAVING OFFICE AT NO.15, 1ST CROSS, CKC GARDEN, OPPOSITE TO HCG HOSPITAL, K H ROAD, (DOUBLE ROAD), BANGALORE -560027 REP. BY ITS AUTHORIZED PROPRIETOR REPRESENTATIVE, B H BALAJI S/O LATE HONNEHALEGOWDA …PETITIONER (BY SRI. SANDEEP LAHIRI, ADV. AND SMT. DEEPIKA JOSHI, ADV.) AND: 1. THE STATE OF KARNATAKA M.S.BUILDING, DR. B R AMBEDKAR VEEDHI, BENGALURU - 560001, REP. BY ITS PRINCIPAL SECRETARY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35737 WP No. 10581 of 2024 2. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, FOURTH FLOOR, DC OFFICE BUILDING, REVENUE COMPLEX, KEMPEGOWDA RD, GANDHI NAGAR, BENGALURU - 560009. …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO CONSIDER THE APPLICATION OF THE PETITIONER DTD 23.01.2024 BEARING REFERENCE NO. AEHBCS/936 TO CANCEL THE ORDER OF CONVERSION DTD 29.12.2008 BEARING OM.NO.ALSR(1)171/2006-07 VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS - 3 - HC-KAR NC: 2025:KHC:35737 WP No. 10581 of 2024 ORAL ORDER Learned Additional Government Advocate takes notice for both the respondents. 2. The petitioner, Aircraft Employees' House Building Cooperative Society Limited is seeking to raise a challenge to the order of conversion passed by respondent No.2-Deputy Commissioner in the year 2008. 3. Learned Additional Government Advocate has raised preliminary objection that an order passed under Section 95 of the Karnataka Land Revenue Act, 1964, at the hands of the Deputy Commissioner cannot be questioned by filing the writ petition. Moreover, there is an enormous delay on the part of the petitioner in raising a challenge, since the order was passed in the year 2008 and the person in whose favour the conversion is made is also not impleaded as party respondent to the proceedings. 4. There is substance in the submission of the learned Additional Government Advocate. Accordingly, writ petition stands disposed of reserving liberty to the petitioner to raise a - 4 - HC-KAR NC: 2025:KHC:35737 WP No. 10581 of 2024 challenge to the order of conversion in terms of Section 49(c) of the Karnataka Land Revenue Act, 1964, while also seeking for condonation of delay. It is needless to observe that the person in whose favour order of conversion has been passed, shall also be impleaded as party respondent to the proceedings. Ordered accordingly. Learned AGA is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE SMJ List No.: 1 Sl No.: 20