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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF SEPTEMBER, 2020

BEFORE

THE HON’BLE MR.JUSTICE R DEVDAS

WRIT PETITION NO.44755 OF 2012 (LB-RES)

BETWEEN:

SRI. CHANDRASHEKAR

S/O LATE VEERAPPA

AGED ABOUT 59 YEARS

RESIDING AT

BYCHANAHALLI VILLAGE

SOMWARPET TALUK

COORG DISTRICT

MADIKERI-571 201 ...PETITIONER

(BY SRI S. NARENDRA, ADVOCATE)

AND

1.

THE STATE OF KARNATAKA

REP BY ITS SECRETARY TO GOVT.,

REVENUE DEPARTMENT

VIDHANA SOUDHA

BANGALORE-560 001

2.

THE DEPUTY COMMISSIONER

COORG DISTRICT

MADIKERI-571 201

3.

THE ASSISTANT COMMISSIONER

COORG DISTRICT

MADIKERI-571 201

4.

THE CHIEF OFFICER

CITY MUNICIPAL COUNCIL

KUSHALNAGAR

MADIKERI-571 201

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5.

THE JOINT DIRECTOR

TOWN PLANNING AUTHORITY

REGIONAL OFFICE

MYSORE-575 001

6.

THE DIRECTOR

DISTRICT TOWN DEVELOPMENT BOARD

DEPUTY COMMISSIONER’S OFFICE

MADIKERI-571 201

7.

SRI. H.S. ASHOK

MAJOR

FORMER ZILLA PANCHAYAT

PRESIDENT, BYCHANAHALLI

KUSHALNAGAR

MADIKERI-571 201

….RESPONDENTS

(BY SRI SRIDHAR N. HEGDE, HCGP FOR R1 TO R3;

SRI. R.A. DEVANAND, ADVOCATE FOR R4;

R5-R7 ARE SERVED;

R6 DIMISSED VIDE ORDER DT:16.01.14)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH

THE NOTICE DATED 10.10.2012 VIDE ANNEXURE-H ISSUED

BY THE RESPONDENT NO.6 DECLARING THE SAME IS

ILLEGAL AND OPPOSED TO LAW.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

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

FOLLOWING:

ORDER

R. DEVDAS J., (ORAL):

The petitioner is the owner of land bearing

Sy.No.80/2 of Bychanahalli Village, Kushalnagar,

Somwarpet Taluk, Madikeri District. The land in

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question measures about 5 acres. The petitioner got

the land in question converted from agricultural to

non-agricultural residential purposes in the year

2004. Learned counsel for the petitioner submits

that subsequent to getting the land converted, he got

the plan approved from the Town Planning Authority

for formation of a residential layout. Thereafter the

layout was formed and sites were sold in favour of

prospective purchasers. It is submitted that the

petitioner executed settlement deed in favour of the

City Municipal Council, Kushalnagar, by executing a

‘Gift Deed’ dated 25.06.2007 in terms of the condition

imposed by the planning authority, relinquishing

rights of the petitioner with respect to roads, parks,

civic amenity sites and open spaces. However it is

submitted that at the instigation of respondent No.7

who was a former Zilla Panchayath President, the

Chief

Officer

of

the

City

Municipal

Council,

Kushalnagar has issued notices stating that the

petitioner has not formed the layout and has violated

the conditions imposed in the order of conversion.

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The learned counsel would further submits that the

petitioner is aged over 70 years and is not in a

position to complete the asphalting of the roads and

therefore submits that the petitioner is prepared to

bear the expenses of asphaltation of the roads and

the works can be completed by the respondent No.4 –

City Municipal Council, Kushalnagar, Madikeri.

2.

Learned counsel for the respondent No.4

CMC submits that the petitioner has not complied

with the terms and conditions of the order of

conversion which stipulates that layout shall be

formed within a period of two years from the date of

order of conversion.

3.

Heard

the

learned

counsel

for

the

petitioner, learned counsel for the respondent No.4 -

CMC and the learned HCGP for the State as well as

the Deputy Commissioner and perused the petition

papers.

4.

From the documents made available along

with the memorandum of writ petition, it is seen that

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the petitioner got the land in question converted from

agricultural to non-ag