Disposed

Vijayalaxmi W/O Raju Shankarrao v. the Deputy Commissioner

Karnataka HC23 Sept 2019WP/113014/2019

Case brief

AI extract

What is this about?

Writ petition regarding land conversion order was disposed off. Court directed respondent to withdraw the conversion order based on petitioner's request, rendering subsequent orders non-survivable.

What did the court decide?

Petitioner to make application for withdrawal of conversion order within ten days; Respondent No.1 to pass necessary order to withdraw the conversion order at Annexure-A.

Vijayalaxmi W/O Raju Shankarrao Vs the Deputy Commissioner — Land Acquisition | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF SEPTEMBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV

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WRIT PETITION NO.113014/2019 (KLR-RES)

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BETWEEN

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VIJAYALAXMI W/O RAJU SHANKARRAO, AGE: 50 YEARS, OCC: HOUSEWIFE, R/O: SAIKLPA, MARATHA COLONY, DHARWAD-580008.

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..... PETITIONER

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(BY SRI SADIQ N GOODWALA, ADV.)

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AND

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THE DEPUTY COMMISSIONER, DHARWAD.

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ASSISTANT DIRECTOR, CITY AND RURAL PROJECT, DHAWAD.

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TECHNICAL ASSISTANT AND INCHARGE LAND RECORDS, D.C. OFFICE, DHARWAD.

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THE GRAM PANCHAYAT, HEBBALLI, BY ITS PDO.

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..... RESPONDENTS (BY SRI V.S. KULKARNI, AGA FOR R-1 TO R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 27.08.2016 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-C AND THE ORDER DATED 14.08.2019 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-F.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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The petitioner is stated to be the owner of land in Survey No.567/3 measuring 3 acres 7 guntas situated at Hebballi village, Dharwad.

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The petitioner had initially sought for conversion of agricultural land to non-agricultural purpose which came to be granted as per the order at Annexure-A. Subsequently, application was made by the petitioner to respondent No.2 and had sought for issuance of residential layout map. However, in view of the financial difficulties and other personal reasons, the petitioner had requested to cancel the order at Annexure-B. The said request of the petitioner came to

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be rejected as per the order at Annexure-C. Further the said order of rejection at Annexure-C was challenged before the Deputy Commissioner, who, by the order dated 14.08.2019, has upheld the order at Annexure-F.

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Counsel for the petitioner states that they do not intend to take benefit of the order of conversion or the consequential KJP that was sought for. It is stated that the reasons have been mentioned in paragraph 3 of the writ petition.

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In light of the said submission, the petition is to be disposed off. Petitioner submits that application would be filed seeking for withdrawal of the conversion order.

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It is made clear that the respondent No.1 is

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to take note of the application of the petitioner seeking withdrawal of the order of conversion of the Deputy Commissioner at Annexure-A and the respondent No.1

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to pass necessary order and in light of statement made. However, the petitioner to make necessary application and within ten days of filing of the application, necessary endorsement to be issued. Consequent order at Annexures-C and F would not survive for consideration, on the order of conversion at Annexure-A being cancelled upon the request of the petitioner as observed above.

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Sd/JUDGE

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Naa

Vijayalaxmi W/O Raju Shankarrao v. the Deputy Commissioner

Case brief

What is this about?

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Vijayalaxmi W/O Raju Shankarrao v. the Deputy Commissioner

Case brief

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