IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF MARCH, 2021

BEFORE

THE HON'BLE MR.JUSTICE P. B. BAJANTHRI

WRIT PETITION NO.22956/2017 (KLR CON)

Between:

Sri.N.Veeranna

S/o late Sri.M.Narayanappa

Aged about 85 years

R/at No.130, Sundaranagara

4^th Cross, Gokul Extension

Bengaluru – 560 054.

...Petitioner

(By Sri.R.B.Sadasivappa, Advocate)

And

The Special Deputy Commissioner

Bengaluru District

K.G.Road

Bengaluru – 560 009.

... Respondent

(By Sri.Y.D.Harsha, AGA)

This Writ Petition is filed under Articles 226 and 227

of the Constitution of India praying to quash the impugned

order dated 22.05.2017 passed by the respondent vide

Annexure-F and direct the respondent to extend the period

except in the cause shown by the petitioner and etc.,

2

This Writ Petition coming on for Further Hearing, this

day, the Court made the following:

ORDER

In the instant petition, the petitioner has prayed for

the following reliefs.

a. Writ in the nature of certiorari

quashing

the

impugned

order

dated

22.05.2017 passed by the respondent herein in

case

No.ALN(NA)

SR

104/1998-99

vide

Annexure-F and direct the respondent to

extend the period except in the cause shown

by the petitioner.

b. And grant such other order or orders

as this Hon’ble Court deems fit under the

circumstances of the case, including costs, in

the interest of justice and equity.

2. On 15.07.1999, the Deputy Commissioner,

Bengaluru District vide Official Memorandum, permitted

the petitioner for conversion of the land in Sy. No.1, ‘A’

Block No.11 measuring 3 acres situated at Jakkur

Plantation,

Yelahanka

Hobli,

Bengaluru

North

Taluk

(Additional Taluk), whereas condition was imposed that the

3

conversion of agricultural land to that of non-agricultural

land is required to be utilized for the purpose of which it

has been sought within 2 years.

3. Before completion of two years, the petitioner

submitted representation for extension of further two

years on 21.06.2001, such application was rejected only

on

16.01.2009,

which

was

the

subject

matter

in

W.P.Nos.3825/2014 and 5897/2014 and it was decided on

23.03.2017, the extract of the order reads as hereunder.

“9.

However,

while

remanding

the

matter, the Deputy Commissioner is directed

to consider the plea of the petitioners only so

far it relates to his request for extension of

time and nothing else. He shall not be

concerned with the orders regarding the

blockade or otherwise. He shall not be

influenced by the orders passed by the

Authorities, this Court as well as the Karnataka

Appellate Tribunal. He shall only be concerned

as to whether extension should be granted or

not.

4

For the aforesaid reasons, the petitions

are allowed.

The order dated 01.08.2013 passed by

the Karnataka Appellate Tribunal, Bengaluru in

Appeal No.98/2009 vide Annexure-‘A’ and the

order dated 16.01.2009 passed by the Special

Deputy Commissioner vide Annexure-‘B’ are

set aside, only to the extent of the observation

and

findings

with

regard

to

deemed

cancellation. The findings recorded in both the

orders on the other issues are undisturbed.

The Deputy Commissioner to consider

the application for extension of time based on

the aforesaid directions.

The petitioner submits that he shall

appear before the Deputy Commissioner to

make out his case. He shall appear before him

on 03.04.2017.

The Deputy Commissioner to hear him

and pass appropriate orders within a period of

two weeks thereafter.

In view of the disposal of the petitions,

pending interlocutory application is rejected.”

5

4. Thereafter, pursuant to the order passed in the

aforesaid decision, the petitioner submitted representation

on

03.04.2017

before

the

Deputy

Commissioner,

Bengaluru District, whereas grievance of the petitioner has

been rejected on the score that 18 years have elapsed

from the da