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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.B.BAJANTHRI

WRIT PETITION NO.55969 of 2015 (KLR CON)

BETWEEN:

MRS. ARIFA SULTHAN

W/O M A SIDDIQUE

AGED ABOUT 55 YEARS,

OCCUPATION: HOUSE WIFE

R/AT NO.2306, 7^TH CROSS,

BASAVESHWARA ROAD, K R MOHALLA,

MYSORE-570 005.

...PETITIONER

(BY SRI. O. SHIVARAMA BHAT, ADV. )

AND:

1.

THE DEPUTY COMMISSIONER

MYSORE DISTRICT

MYSORE-570005

2.

THE MYSORE URBAN DEVELOPMENT AUTHORITY

J. L.B. MYSORE-570005

REP BY ITS COMMISSIONER

…RESPONDENTS

(BY SRI.G.G.SHARATH GOWDA, ADV. FOR R2;

SRI.SRINIVASA GOWDA, AGA FOR R-1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH

ORDER DATED 15.04.2015 PASSED IN APPEAL NO.105/2015 ON

THE FILE OF KARNATAKA APPELLATE TRIBUNAL AT BENGALURU

VIDE ANNEXURE-A AND ALSO ORDER DATED 14.12.2012

PASSED BY THE R-1/DEPUTY COMMISSIONER VIDE ANNEUXRE-

B AND DIRECT THE DEPUTY COMMISSIONER TO GRANT AN

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CONVERSION ORDER AS PER THE AFFIDAVIT GIVEN TO THE

MUDA AS PER ANNEXURE-P.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN ‘B’GROUP, THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

In the instant petition, the petitioner has prayed for

the following reliefs:-

‘(a) Issue a writ of certiorari to quash the

order

dated

15.04.2015

passed

in

Appeal

No.105/2015 on the file of Karnataka Appellate

Tribunal at Bengaluru vide Annexure-A and also

order

dated

14.12.2012

passed

by

the

Respondent No-1/Deputy Commissioner in Case

No.A.L.N.(1)CR.147/2012-13 vide Annexure-B

and direct the Deputy Commissioner to grant an

conversion order as per the affidavit given to the

MUDA as per Annexure-P.

(b)

Grant such other reliefs and further

reliefs as this Hon’ble Court deems fit under the

circumstances of the case, in the interest of

justice and equity.’

2.

The petitioner submitted an application for

conversion of land to the Deputy Commissioner, Mysuru

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District, Mysuru, on 07.08.2012 in respect of Sy.No.198,

Srirampura Village, Kasaba Hobli, Mysuru Taluk. On

14.12.2012,

the

Deputy

Commissioner

rejected

the

petitioner’s application for conversion of subject land while

assigning reason that last portion of the land would fall

under road margin and for remaining land, the petitioner is

not

entitled

for

conversion.

Feeling

aggrieved

and

dissatisfied with the decision of the Deputy Commissioner,

Mysuru District, Mysuru, the petitioner preferred an appeal

before the Karnataka Appellate Tribunal.

3.

Petitioner’s Appeal No.105/2015 was decided on

15.04.2015 while confirming the order of the Deputy

Commissioner, Mysuru District, Mysuru, and rejecting

petitioner’s appeal. Thus, the petitioner has presented this

petition

questioning

the

decision

of

the

Deputy

Commissioner dated 14.12.2012 and Karnataka Appellate

Tribunal’s order dated 15.04.2015.

4.

From a perusal of the records, it is evident that

the subject land is to the extent of 0.21 acres. The Deputy

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Commissioner, Mysuru District, Mysuru, has not examined

to what extent road is being occupied and whether

remaining land could be converted for residential purpose

and redress the grievance of the petitioner. In the absence

of the aforesaid material information and rejecting the

petitioner’s grievance both by the Deputy Commissioner,

Mysuru District, Mysuru, and Karnataka Appellate Tribunal,

prima facie, is an arbitrary decision. Therefore, the present

petition is allowed.

5.

The impugned orders at Annexure-B dated

14.12.2012 and Annexure-A dated 15.04.2015 are set aside

and

the

matter

is

remanded

back

to

the

Deputy

Commissioner, Mysuru District, Mysuru, to re-examine the

petitioner’s grievance relating to conversion of subject land

after due examination of records relating to what extent,

t