Disposed

Sri K P Rajesh v. the Deputy Commissioner

Karnataka HC15 Nov 2023WP/10903/2023

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227 of the Constitution, the High Court of Karnataka set aside an impugned order rejecting the petitioner's application for land conversion. The court directed the respondent to re-consider the matter with reasons after affording the petitioner an opportunity.

What did the court decide?

Impugned order set aside; respondent directed to re-consider application with reasons after affording opportunity; matter disposed of.

Sri K P Rajesh Vs the Deputy Commissioner — Land Acquisition | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:40756 WP No. 10903 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 15^TH DAY OF NOVEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 10903 OF 2023 (KLR-CON)

¶6

BETWEEN:

¶7

SRI. K. P. RAJESH, S/O SRI. PUTTEGOWDA, AGED ABOUT 54 YEARS, R/O NO. 3283 "KALPAVRUKSHA", 12TH CROSS EXTENSION, RP ROAD, NANJANGUD TOWN - 571 301, MYSURU DISTRICT.

¶8

…PETITIONER

¶9

(BY SRI. P. MAHESHA, ADVOCATE)

¶10

AND:

¶11

THE DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU - 570 001.

¶12

Digitally signed by CHAITHRA P Location: High Court of Karnataka

¶13

THE TASHILDAR, NANJANGUD TALUK - 571 301, MYSORE DISTRICT.

¶14

…RESPONDENTS

¶15

(BY SRI. MOHAMMED JAFFAR SHAH, AGA)

¶16

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R1 DEPUTY COMMISSIONER, MYSURU BEARING NO. 428609 DATED 20.01.2023 VIDE ANNX-D AND ETC.,

¶17

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B', THIS DAY, THE COURT MADE THE FOLLOWING:

¶18

2 - NC: 2023:KHC:40756 WP No. 10903 of 2023

¶19

ORDER

¶20

Heard the learned counsel appearing for the parties.

¶21

In this writ petition, the petitioner is assailing the

¶22

order dated 20.01.2023 (Annexure-D) passed by respondent No.1, rejecting the application made by the petitioner seeking conversion of the subject land.

¶23

Having heard the learned counsel appearing for the parties and on careful examination of the impugned order produced at Annexure-D would indicate that the application filed by the petitioner seeking conversion of the subject land has been rejected. However, no reasons have been assigned by respondent No.1 herein.

¶24

In that view of the matter, without expressing any opinion on the merits of the case, respondent No.1 herein shall issue an endorsement to the petitioner, under which ground the application made by the petitioner has been rejected. With these observations, respondent No.1 is directed to re-consider the issue, afresh, after considering

¶25

3 - NC: 2023:KHC:40756 WP No. 10903 of 2023

¶26

the material on record. In the event, if the application is made by the petitioner herein does not confront with the provisions contained under Section 95 of the Karnataka Land Revenue Act, 1964 the application be rejected with reasons. Therefore, I am of the view that, the impugned order issued by respondent No.1 produced at Annexure-D is set aside and the matter be re-considered by respondent No.1, afresh, after affording an opportunity to the petitioner.

¶27

It is also open for the petitioner to produce the relevant records to respondent No.1 to substantiate his

¶28

rights, seeking conversion of the land in question.

¶29

Accordingly, writ petition is disposed of .

¶30

Sd/JUDGE

¶31

CH List No.: 1 Sl No.: 45 CT: BHK

Sri K P Rajesh v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Sri K P Rajesh v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri. Prakash Vs State of Karnataka

J Prakash Vs State of Karnataka

Sri. H. S. Kantharaju Vs the State of Karnataka

L Basavaraju Vs N Lingaiah

Sri. Jayaram Hegde Vs the Deputy Commissioner

Sri Shivanna Vs the Deputy Commissioner