- 1 - NC: 2025:KHC-D:2676 WP No. 104482 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104482 OF 2021 (KLR-CON) BETWEEN: SRI. SADASHIVAYYA S/O. ANDANAYYA ANGADI, AGED ABOUT 65 YEARS, OCC. AGRICULTURE, R/O. MUNIRABAD DAM, TQ AND DIST. KOPPAL. …PETITIONER (BY SRI. B.SHARANABASAWA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOPPAL DISTRICT, TQ AND DIST. KOPPAL. 2. THE ADDITIONAL DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, KOPPAL, TQ AND DIST. KOPPAL. 3. THE TAHASILDAR KOPPAL, TQ AND DIST. KOPPAL. 4. SMT. HULIGEMMA W/O. RANGARAO DESAI AGED ABOUT 71 YEARS, OCC. AGRICULURE, R/O. HULAGI-MUNIRABAD (RS), TQ AND DIST. KOPPAL. 5. THE EXECUTIVE OFFICER TALUKA PANCHAYAT, KOPPAL, TQ AND DIST: KOPPAL. …RESPONDENTS (BY SRI. M.M.KHANNUR, AGA FOR R1 TO R3; SRI. PRASHANT MATHAPATHI, ADVOCATE FOR R4; SRI. BUSHAN KULKARNI, ADVOCATE FOR R5) GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.14 15:25:56 +0530 - 2 - NC: 2025:KHC-D:2676 WP No. 104482 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING/SETTING ASIDE THE IMPUGNED ORDER DATED 29.10.2021 BEARING NO.PÀA/©£ï±ÉÃwÌ/ 20012/64/2020/E:55258 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-E AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari by quashing/setting aside the impugned order dated 29.10.2021 bearing No.PÀA/©£ï±ÉÃwÌ/20012/64/2020/E: 55258 passed by the 1st respondent vide Annexure-E. b. Issue a writ in the nature of Certiorari by quashing/setting aside the impugned order dated 20.11.2021 bearing No.vÁ¥ÀAPÉÆ/«£Áå¸À.£À./2021-22/1235, passed by the respondent No.5 vide Annexure-G. 2. Initially, the petition had been filed challenging the order dated 29.10.2021 passed by the first respondent - Deputy Commissioner, canceling the order of conversion granted in favor of the petitioner in respect to the land covered under Survey No.60/*/3, measuring 16 guntas, situated at - 3 - NC: 2025:KHC-D:2676 WP No. 104482 of 2021 Munirabad Village of Koppal Taluk. Subsequently, during the pendency of the above matter, the Executive Officer, Taluk Panchayat, Koppal, cancelled the layout plan sanction issued in furtherance of the conversion order. As such, the order which is consequential to the order passed by the Deputy Commissioner, is also under challenge. 3. The grievance of the petitioner is that, the order of the Deputy Commissioner having been passed without complying with the principles of natural justice, as no notice had been served on the petitioner and only accepting the objections filed by Respondent No.4, the conversion order had been cancelled. 4. A perusal of Annexure-E, the impugned order passed by the Deputy Commissioner, does not indicate any notice having been issued to the petitioner. In that view of the matter, I am of the considered opinion that no order could have been passed cancelling the - 4 - NC: 2025:KHC-D:2676 WP No. 104482 of 2021 order of conversion granted in favor of the petitioner without a notice having been issued to the petitioner. The consequential order passed by the Executive Officer, therefore, would also have to be set aside. 5. As such, I pass the following: ORDER i. The writ petition is allowed. ii. The order dated 29.10.2021 bearing No.PÀA/©£ï±ÉÃwÌ/20012/64/2020/E:55258 passed by the respondent NO.1 at Annexure-E is set aside. Consequently, the order dated 20.11.2021 bearing No.vÁ¥ÀAPÉÆ/«£Áå¸À.£À./2021-22/1235 passed by respondent No.5 at Annexure-G is also quashed. iii. The matter is remitted to the respondent No.1 for fresh consideration. iv. Since the order is passed in the presence of both counsels, the petitioner shall appear before the - 5 - NC: 2025:KHC-D:2676 WP No. 104482 of 2021 Deputy Commissioner without further notice and submit his objections on or before 20.02.2025, which objections shall be considered by the respondent No.1 after affording an opportunity of hearing to the petitioner and respondent No.4 and orders shall be passed thereafter within a period of 30 days thereafter. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 0