Muttamma W/O. Ghaleppa Ghule, … vs The Deputy Commissioner, Bidar, … on 22 September, 2010

Io

BASAVAKALYAN ,
DIST. BEDAR.

4. SHR1 MIRZA ZAMEER BAIG,
S/O MIRZA MOHD. BAIG.
AGED 40 YEARS,

OCC. BUSINESS.

R/O DESHPANDE STREET.
BASAVAKALYAN,

DIST. BIDAR.  u .. 

(BY SR1 SANJEEVKUMAR C PAT1"L,AI§z\¥*.;}SSb   4' '
AND S 1'

1. THE DEPUTY CO£\/I1\/IISSIC'5V1"l.:Ei?.._
BIDAR DISTRICT, BEDAR. ~ ~

2. SADANAND GANGARAM   _
THROUGH HIS GPA GIVRIDHAR .SA;DAN.AI\§D,
HEENCHATE, .AGB:D 46 YEJAI-§S«;.SSS.
R/0  f    
TQ. BAsA$xA;%._AL¥AN, D;.s'r. _BT_DAR_.' ...RESPONDENTS

(BY Sm S:HSRMEI;:v:AL:,I--KARa'UNA_. HCGP FOR R1:
SR} RAVINDM .RE.E)D.Y';-.ADV'., FOR R2)

4§'This \x.r1'it..._V_15<§'titivc'.un is filed under Articles 226 and

 AC0nSi;ii~u'tion of India, praying to quash the
 ,0rde1' _v beafing N0.CON/ALN/CR 27/98~99 dated
  L and e'::(:.,



"There21'ff_.e:"_'it appears a layout has been formed after

T his petition coming on for prelirninary hearing in

T3' group this day. the Court made the following:
0 R D E R

Sri Sharrna Mallikarjmia. learned High Court
Government Pleader is directed to take notix.r:.e_J4'
respondent. No. I. l l l V

2. All the petitioners clarinil to ._haVe' 
certain sites in a layout formed b}v/t.li'e._ve11do'rA'A' 

to say that the purehaserllyonie Ma11i'l<,arjLin Vigiade an

application to the  Cornrriissioiier
seeking permission   for non"
agricultural   as required
under of  Land Revenue Act,
1964," llll    fisgjva M aplplicatioii the Deputy
Commissioéiierl  enquiry report and

ultingiémely gra'r1'tedV' permission for Conversion.



 b_een~.. nso1d'"in""the year 1998, they are hit by the

  and Scheduled Tribes (Prohibition of

;)ei'.it"ei(d')IT1fi'rs nor their vendor derive any t.if;Ie. On the

appmval by the competent authoritzy on 14.1.2000. A
copy of the layout pian is at. A1"1ne.xure D. The 1ay__nt is
formed and sites have also been sold in 
intending purchasers. The petit.ic)ne1~ 
plot N0s.36 and 37 pursuant to   0
dated 17.4.2001. Pet1't:ioner 
bearing N0s.4~0 and 51. pnrstiant A.to__"'de1ted 0'
3.8.2000. Petitionen No.3"   No.58
pursuant to sale deed 'find Petitioner
No.4 purchasedgtalot to sale
deed  to say a complaint is

soughitdtbd   respondent with the

competjertt. auth'dtityv«..V_:i01*:di--eatiI1g that the lands in

question   lands to the SC/ ST and they

 ':'Ce.rtain Lazilds) Act. 1978. Hence the





disputeithat the land was granted Iand and the
\>1en'dor'V1'1sfs--.oiirchasecl it without taking permission from

 t'.11e4"e.ofnpetent. authority. Hence the question of the

basis of the said eomplalnt lodged by the second

respondent. the Deputy Commissioner has 1*evoI<ehd'»tt;he

Conversion order which is passed under  V'
the Act in respect of Sy.Nos.23{3.A 
measuring 4 acres. The petitioners 
said revocation on two    'tvereh
not heard at all befo.r"e._t.he e'orn.terston we1s"revo}ked and
the other is, they are  and as of now
no proceedjngjs  the Act for

resumption ofia{r{f'ti:3 G'overnment under Section 4 of

3.  iearned counsel appearing

for. second"res_pon_dent submits that indeed it is not



(3

petitioner being notified before any revocation is

concerned does not arise'

4. The Government Advocate  . the 

impugned order.

5. I have perused the order  

Apparently the impugned  to    on a
Very short ground  ineeeifioyieation of
principles of natural i::3?1e._e--epetitioners are
benefieiariee   atieast to some
extent, to Vpeurchased by them.
Before._:Ive.'e:1nye_'  jshhéessed it is all the more
required' t;_h'at title is Iikely to be affected by

suchan orders' '1red'uireed to be heard. Indeed in the

liaise orieifiiiaurici no such exercise has been done. Hence

ground, I am of the View that the

i.m}5t.1gn_ed-girder is liable to be quashed in so far as

 V I ':ei.it;ioIiers are concerned. Hence the followin i order.

1/



ORDER

Petiition is allowed. impugned order at A;;;:§:xa1r.¢ “L

is quashed in so far as petitioners are e0r1ee.1fnejd… V’

shall be heard before any 0rder”isV 1f1L::£_ie«eby

Commissioner before revoking f,}1(évC(5i’1_V€rS1(§j£jAOI’Cl’€I’;=.4 ‘

Rule is issued and rr17a«:;l%3i.absol1;_tVe”A Til’) the “extent

indicated above. _ _
Sri Sharma Mallika_rjd1a..d*, Government
Pleader is 1Z)'(.7Z’,I”.*::f’:1l’§.tE3{i::’AtO’:l of appearance

within f0u:it°4we’e.l{s”.7l__ 9 ‘