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2025 DAILYLAW 74290 (KAR)

ISAAC ARULDAS v. STATE OF KARNATAKA

WP/22135/2025 · 2025-09-12

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36330 WP No. 22135 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.22135 OF 2025 (KLR-RES) BETWEEN: 1. ISAAC ARULDAS S/O. SAMUEL BHASKAR AGED ABOUT 54 YEARS 2. S. LAZAR S/O. SAMUEL BHASKAR AGED ABOUT 34 YEARS BOTH ARE R/AT NO.515, 1ST CROSS CHRISTIAN STREET TUMKUR - 572 101. …PETITIONERS (BY SRI VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU - 572 101. 3. THE TAHSILDAR TUMKUR TALUK TUMKURU - 572 101. …RESPONDENTS (BY SRI MOHAMMAD JAFFAR SHAH, A.G.A.) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36330 WP No. 22135 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT AUTHORITY TO CONSIDER AND PASS APPROPRIATE ORDERS ON THE REPRESENTATION DATED 21.05.2024 VIDE ANNEXURE-G FILED BY THE PETITIONERS FOR CANCELLATION OF CONVERSION ORDER DATED 22.05.1989 VIDE ANNEXURE-E IN RESPECT OF THE LAND BEARING SY. NO.43/1G MEASURING TO AN EXTENT OF 20 GUNTAS SITUATED AT SHETTIHALLI VILLAGE, KASABA SOUTH HOBLI, TUMAKURU TALUK AND DISTRICT EXPEDITIOUSLY. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. Learned Counsel for the petitioners submits that although 27 Guntas of land in Sy.No.48/1G was converted in terms of the Official Memorandum at Annexure-E dated 22.05.1989, nevertheless, since only 07 Guntas of lands were used for non-agricultural purposes while forming a layout and disposing of the sites, the remaining 20 Guntas of land are continued to be used as agricultural lands. Therefore, in terms of the representation at Annexure-G dated 21.05.2024, the petitioner has requested the - 3 - HC-KAR NC: 2025:KHC:36330 WP No. 22135 of 2025 Deputy Commissioner to cancel the order of conversion insofar as the 20 Guntas are concerned and permit the petitioner to cultivate the lands. The Deputy Commissioner made a communication to the Tahsildar, on 08.07.2024 to make a spot inspection and submit a report as to whether the lands in question are being used for agricultural purposes. However, till date the Tahsildar has not submitted any report. Learned Counsel for the petitioner therefore prays that the appropriate directions may be issued to the respondent-Deputy Commissioner, Thumkur District to consider the representation given by the petitioner and pass necessary orders within a time frame. 3. The writ petition stands disposed of with a direction to respondent No.2-Deputy Commissioner to dispose of the representation given by the petitioner at Annexure-G dated 21.05.2024, and pass necessary orders in accordance with law, as expeditiously as possible and at any rate within a period of 2 months from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2025:KHC:36330 WP No. 22135 of 2025 4. Learned Additional Government Advocate is permitted to file a memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT:VC List No.: 1 Sl No.: 27