IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 23^RD DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

W.P. NO.114644/2015

& W.P. NO.100877-100879/2016 (KLR-CON)

BETWEEN

1.

NINGAPPA URF LINGAPPA SHRIYAMMANAVAR

S/O MAHADEVAPPA SHIRIYAMMANAVAR

AGE:58 YEARS

2.

DEVENDRAPPA MAHADEVAPPA SHIRIYAMMANAVAR

AGE:56 YEARS

3.

NEELAPPA MAHADEVAPPA SHIRIYAMMANAVAR

AGE:53 YEARS

4.

SHIVAPPA MAHADEVAPPA SHIRIYAMMANAVAR

AGE:50 YEARS

5.

ERAPPA MAHADEVAPPA SIRIYAMMANAVAR

AGE:47 YEARS

6.

NAGAPPA MAHADEVAPPA SHIRIYAMMANAVAR

AGE:43 YEARS

ALL ARE SONS OF LATE MAHADEVAPPA

SHRIYAMMANAVAR, OCC: AGRICULTURE AND BUSINESS

R/O:NALAVADI VILLAGE, TQ:NAVALGUND

…PETITIONERS

(BY SRI.G N NARASAMMANAVAR, ADVOCATE,

SRI.PRASHANT F GOUDAR, ADVOCATE)

2

AND

1.

DEPUTY COMMISSIONER

DHARWAD DISTRICT

DHARWAD-580001

2.

ASSISTANT COMMISSIONER

DHARWAD SUB DIVISION

DHARWAD-580001

3.

THE ASSISTANT DIRECTOR

URBAN AND RURAL PROJECT(YOJANE)

MINI VIDHANA SOUDHA,

DHARWAD, DIST:HDARWAD

4.

THE TAHASILDAR

NAVALGUND TALUKA

DHARWAD DISTRICT

…RESPONDENTS

(BY SRI.SHIVAPRABHU S HIREMATH, AGA)

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF

CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED

BY THE 1st RESPONDENT DATED:11.09.2012, VIDE ANNEXURE-H, SET

ASIDE THE ORDER PASSED BY THE HON'BLE KARNATAKA APPELLATE

TRIBUNAL BENGALURU DATED:30.10.2015 IN APPEAL NO.1173/2012

VIDE ANNEXURE-J AND ETC.

THIS PETITION COMING ON FOR HEARING, THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

The present writ petitions are filed praying this Court to

exercise writ jurisdiction in the nature of writ of certiorari quashing

the impugned order bearing No.LNA/M/CR-12/2012-13 dated

3

11.09.2012 passed by the respondent No.1-Deputy Commissioner

vide Annexure-H and also to quash the order passed by the

Karnataka Appellate Tribunal, Bengaluru (for short KAT) in Appeal

No.1173/2012 dated 30.10.2015 vide Annexure-J.

2.

It is stated that the petitioners are the owners of

agricultural land bearing Sy.No.345 to the extent of 3 acres situated

at Nalavadi village, Navalagund taluk. Later, the petitioners have

applied before the respondent No.1-Deputy Commissioner for

conversion of the said land from agricultural to non-agricultural for

residential purpose under Section 95 of the Karnataka Land

Revenue Act (for short Act). It is stated that at the time of

considering the application under Section 95 of the Act, the power

and jurisdiction was vested with respondent No.2-Assistant

Commissioner

and

respondent

No.2

has

passed

order

on

30.04.1994 granting permission for conversion of the land above

stated from agricultural to non-agricultural for residential purpose

vide Annexure-B. It is also stated that the layout map was

approved by the local authority i.e. panchayat which is local

planning authority. It is also stated that KJP was also prepared for

4

conversion as per Annexure-D. As per the said conversion order

and approved layout plan, certain sites were formed. Among the

said plots, the petitioners intended to get conversion of four plots

from residential to commercial purpose. In this regard, the

petitioners made application. Then, respondent No.1 has revoked

the order of the conversion dated 30.04.1994 on the ground that

the petitioners have not developed the land for 18 years. Therefore,

respondent No.1 had revoked the said conversion order. Being

aggrieved by the said revocation, the petitioners have preferred

appeal No.1173/2012 before the KAT under Section 49 of the Act

calling in question the order passed by respondent No.1. The KAT

by order dated 30.10.2015, has dismissed the appeal confirming

the order passed by respondent No.1 revoking the said conversion

order. Therefore, being aggrieved by the order passed by

respondent No.1 vide Annexure-H and the order passed by KAT

vide Annexure-J, the present writ