BHARAMA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) These two petitions are filed under Article 226 of the Constitution of India with a prayer to quash the order passed by the first respondent Deputy Commissioner dated 22.04.2019 bearing No.RBL.NA.SR:422/2014-15.

(2.) Heard the learned counsel for the petitioners, learned Addl. Government Advocate and learned counsels for contesting private parties.

(3.) It is the case of the petitioners that the land bearing Sy.No.108/16 measuring 3 acres 10 guntas Jinarala village, Hukkeri taluk, Belagavi District, is the absolute property of Shri Bharama Shivappa Hanji and Shri Adiveppa Chennappa Hanji, who are respondents No.12 and 13 in W.P.No.110221/2019 and petitioners in W.P.No.110220/2020. The said Bharama Shivappa Hanji and Adiveppa Hanji had submitted an application dated 04.02.2015 seeking conversion of the aforesaid land for non-agricultural purposes. Considering the said application, after obtaining the necessary reports from the concerned authorities and after collecting necessary fine, the first respondent Deputy Commissioner by his order dated 28.07.2015, passed an order of conversion. On the complaint of the contesting parties herein, the Deputy Commissioner has passed the impugned order dated 22.04.2019 canceling the conversion order dated 28.07.2015 passed by him. The said order of cancellation has been questioned by the petitioners in these writ petitions on the ground that the Deputy Commissioner had no jurisdiction to cancel the order passed by him.