THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 14TH OCTOBER, 2015 PASSED BY THE RESPONDENT NO.1-DEPUTY COMMISSIONER VIDE ANNEXURE-A, CANCELLING THE CONVERSION ORDER OF THE PETITION SCHEDULE PROPERTY FROM AGRICULTURE TO NON-AGRICULTURAL PURPOSE DATED 09TH NOVEMBER, 2011; AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

In this petition, the petitioner is challenging the order dated 14th October, 2015 (Annexure-A) passed by the respondent No.1, wherein the order of conversion of petition schedule property from Agriculture to Non-Agricultural purpose dated 09th November, 2011 was cancelled.

2. Heard learned counsel appearing for the parties and perused the material on record.

3. Having heard the learned counsel appearing for the parties, it is well settled principle in law that, once the respondent-Deputy Commissioner passes the order of conversion under Section 95 of the Karnataka Land Revenue Act, the said authority becomes functus officio. Therefore, following the law declared by this Court in the case of SMT. RATHNA vs. DEPUTY COMMISSIONER AND ANOTHER made in Writ Petition No.45634 of 2013 decided on 14th November, 2013, the impugned order deserves to be set-aside. Accordingly, I pass the following:

O R D E R

(i) Writ Petition allowed;

(ii) Order dated 14th October, 2015 (Annexure-A) passed by the respondent No.1 is hereby set-aside.