NINGAPPA URF LINGAPPA SHRIYAMMANAVAR Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) 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 dated11.09.2012 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 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 petitions are filed praying to exercise writ of certiorari by this writ Court.

(3.) Learned counsel for the petitioners vehemently argued that respondent No.1 has no power or is not vested with any authority or jurisdiction to revoke the conversion order granted earlier in the absence of any other statute. Therefore, submitted that once the Deputy Commissioner/Assistant Commissioner grants conversion order as per Section 95 of the Act, then they become functus officio. Therefore, they do not have any power or authority to review/revoke/cancel the order of conversion granted earlier. Therefore, it is submitted that the impugned order at Annexure-H is one without authority or jurisdiction of respondent No.1 and which is not correctly appreciated by the KAT resulting into passing erroneous order. Therefore, prays to allow the writ petitions and quash the impugned orders.