M MUNINARAYANA SWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD .

(2.) THE appellants are owners of the property situated in City Municipal Council, Chikkaballapur, the Town Municipal Council of Chikkaballapur, collected the development charges and transferred the Khata to the name of the appellants by assigning Municipal Assessment Nos. 1672,1673 and 1674, Sadhu Mutt Road, Ward No. 9, Chikkaballapur Town. The 2nd respondent - Deputy Commissioner, Chikkaballapur on the ground that the said property is required for the purpose of formation of road, unilaterally cancelled the Khata which was standing in the name of the appellants. Questioning the legality and correctness of the order passed by the Deputy Commissioner, Chikkaballapur dt. 22.2.2010 as per Annexure-K appellants approached the Learned Single Judge. The Learned Single Judge virtually granted the relief to the appellants except issuing a direction that the appellants are required to obtain a formal order of conversion from agricultural to non-agricultural purpose. - Therefore, the present appeals are filed.

(3.) ACCORDINGLY , the Appeals are allowed. The order of the Learned Single Judge is modified. Annexure-K dt. 22.2.2010 issued by the Deputy Commissioner, Chikkaballapur is hereby quashed.