Petitioner sought Writ petition directing respondents to reconsider representations for rescinding a land conversion order. Court directed authorities to consider the representations within three months and disposed of the writ petition.
Direction to respondents to consider the petitioner's representation dated 09.01.2020 within three months.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.12076 OF 2022 (KLR - RES)
BETWEEN:
SRI. MOHAMMED MUKTAR AHMED, AGED 69 YEARS, S/O MOHAMMED CHANDA HUSSAIN, R/AT YERGERA, OPP. ZAMIA MASJID, TALUK AND DISTRICT RAICHUR - 584 133.
…PETITIONER
(BY SRI.A.G.BALLOLLI, ADVOCATE)
AND:
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…RESPONDENTS
(BY SRI.R.SRINIVASA GOWDA, AGA FOR R1 – 4; NOTICE TO R5 DISPENSED WITH VIDE ORDER DATED 18.10.2022)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 09.01.2020 AND 05.04.2022 AS PER ANNEXURE-A AND B; GRANT AN INTERIM ORDER DIRECTING NOT TO PROCEED THE CONSTRUCTIONS TO BE CONSTRUCTED ATTACHED TO THE VILLAGE ROAD LEADING FROM YEREGER TO JAMBALA DINNI THE ROAD BOUNDARY ENCROACHED IN THE CONVERTED LAND IN QUESTION AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The short grievance of the petitioner is as to nonconsideration of his representation dated 09.01.2020 (Annexure-A) wherein he has sought for rescinding of the conversion order made under Section 95 of the Karnataka Land Revenue Act, 1964. Learned counsel for the petitioner submits that where a citizen makes a representation, the same cannot be kept in a cold storage endlessly because of the constitutional mandate enacted in Article 350.
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representation in accordance with law and within a reasonable time; this is fair enough.
In view of the above, the writ petition is disposed off. The consideration and disposal of subject representation shall be made within an outer limit of three months. All contentions are kept open. Costs having been made easy.
Registry shall send a copy of this judgment to 5th respondent- local body by speed post immediately.
Sd/JUDGE
DS
3 issues framed by the court
Whether the representation seeking rescission of a conversion order under Section 95 should be kept in cold storage.
Whether the authorities should consider the petitioner's representation within a reasonable time.
Whether an interim order is necessary to prevent proceedings on converted land.
3 provisions across 2 enactments
Sri. Mohammed Muktar Ahmed
State of Karnataka
Deputy Commissioner, Raichur District
The Thasildar, Raichur Taluk
The Assistant Director, Town and Country Planning Authority
The Panchayath Development Officer
Krishna S.Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
