Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:51979 WP No. 31093 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 31093 OF 2025 (KLR-RES) BETWEEN:
1.
SMT. A SAJIDA BEGUM W/O SRI M.K. MUNEER AHMED KHAN AGED ABOUT 81 YEARS, R/AT SAMPIGE SRINIVASA TEMPLE STREET, BHAGIRATHI LAYOUT, KENGERI, BANGALORE SOUTH - 560 060
2.
NIYAMATULLAH KHAN S/O LATE M K AHMEDULLAH KHAN AND RAZIYA KHATOON LATE LR OF RAZIYA KHATOON AGED ABOUT 61 YEARS, NO.15/17 AROGYAMA LAYOUT VENKATA VENKATESHPURAM BANGALORE NORTH, BANGALORE KARNATAKA-560 045 … PETITIONERS (BY SRI. ABDUL MAJID., ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT, OFFICE AT RAMANAGARA - 562 159 Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:51979 WP No. 31093 of 2025
2.
ASSISTANT COMMISSIONER RAMANAGARA DISTRICT, OFFICE AT RAMANAGARA - 562 159 … RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, TO QUASH THE IMPUGNED CONVERSION
ORDER DATED 10/01/2024 ISSUED BY THE RESPONDENT-1, DY COMMISSIONER RAMANAGAR CONCERNING THE SCHEDULED PROPERTY DETAILED IN ANNEXURE-B AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER
The petitioners have sought for setting aside of the impugned conversion order dated 10.01.2024 issued by the first respondent.
2. It is the case of the petitioners that though conversion of land was sought for residential purpose, however, due to practical difficulties including inability to pay taxes and maintain the land and use it for residential purposes, petitioners desire for rescinding of the order, in
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HC-KAR NC: 2025:KHC:51979 WP No. 31093 of 2025 light of which petitioners made a representation at Annexure-D.
3. The representation at Annexure-D would reveal that petitioners had sought for cancellation of the order of conversion enclosed at Annexure-B dated 10.01.2024.
4. Learned AGA submits that power once exercised in administrative capacity exhausts itself. There is no provision to rescind such order and the only remedy is to challenge the order in appeal. However, in terms of Section 21 of the Karnataka General Clauses Act, power to make an order includes power to rescind the order. Further it is noticed that even the order of conversion imposes conditions, violation of which, the order of conversion could be cancelled.
5. Noticing the power conferred under Section 21 of the Karnataka General Clauses Act, it would be appropriate to direct the Deputy Commissioner to dispose off the representation at Annexure-D within a period of
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HC-KAR NC: 2025:KHC:51979 WP No. 31093 of 2025 one month from the date of receipt of certified copy of the
order.
6. The Deputy Commissioner may take note of the plea of the petitioner and if there is no impediment, may consider the representation by invoking power under Section 21 of the General Clauses Act to rescind the order.
7. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP