IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.9052 OF 2016(KLR-CON) AND WRIT PETITION NO.48388 OF 2016(KLR-CON) BETWEEN:
1. MRS.SURIYYA BEGUM W/O SHABBIR PASHA, AGED ABOUT 49 YEARS, R/AT BELIKERE VILLAGE, VIA VARTHUR, MUTTASANDRA POST, BENGALURU – 560 087.
2. MISS.PRABHA D/O LATE A.KEMPEGOWDA AGED ABOUT 50 YEARS, R/AT NO.659, 12TH MAIN ROAD, 1ST BLOCK, 3RD STAGE, BASAVESHWARANAGAR, BENGALURU – 560 079. ... PETITIONERS (BY SRI S.JAYARAMA BHAT, ADVOCTE) AND:
1. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, VISWESHWARAIAH TOWERS, DR.B.R.AMBEDKAR ROAD, BENGALURU – 560 001.
2. THE TAHASILDHAR HOSKOTE TALUK, HOSKOTE, BENGALURU RURAL DISTRICT – 577 424.
3. THE JOINT COMMISSIONER HOSKOTE PLANNING AUTHORITY, HOSKOTE, BENGALURU RURAL DISTRICT – 577 424.
... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT DATED 23.7.2015 PASSED BY R1 VIDE ANNEXURE-E BY REJECTING THE APPLICATION OF THE CONVERSION OF THE PETITIONERS AND TO CONTINUE THE CONVERSION PROCESS.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners seeks for a writ to quash the order dated 23.07.2015, vide Annexure-E, passed by the first respondent – Deputy Commissioner. In terms whereof, no objection was sought for from the Hoskote Planning Authority.
2. The issue that arises for consideration in this petition was considered by this Court in W.P.Nos.6164- 6170 of 2017, dated 27.02.2017. The aforesaid order was passed following the judgment of the Division Bench in Writ Appeal Nos.100403-106 of 2015, in the case of RAJKUMAR S/O. ANAVEERAPPA TELSANG VS. THE STATE OF KARNATAKA AND OTHERS.
3. Following the said order, the writ petitions are allowed. The order dated 23.07.2015, vide Annexure-E, passed by the first respondent – Deputy Commissioner, is quashed. The respondents are directed to consider the application of the writ petitioners, in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.
SD/- JUDGE JJ