Sri Babasaheb vs The State Of Karnataka
2021 Latest Caselaw 3158 Kant

Citation : 2021 Latest Caselaw 3158 Kant
Judgement Date : 17 August, 2021

Karnataka High Court

Sri Babasaheb vs The State Of Karnataka on 17 August, 2021

Author: Chief Justice Gowda

                            -1-


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 17TH DAY OF AUGUST, 2021

                         PRESENT

       THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                            AND

       THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

       WRIT PETITION NO.14782 OF 2021(GM-MM-S)

BETWEEN:

SRI. BABASAHEB,
S/O LATE SURYAKANTH MANGAJ,
AGED ABOUT 46 YEARS,
OCCUPATION: BUSINESS,
R/O JAINAPUR VILLAGE,
CHIKKODI TALUK,
BELAGAVI DISTRICT.
                                           ... PETITIONER
(BY SRI. S.Y.SHIVALLI, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA,
       REPTD, BY ITS SECRETARY,
       DEPARTMENT OF REVENUE,
       VIKAS SOUDHA, BENGALURU,
       BENGALURU - 560 001.

2.     THE DEPUTY COMMISSIONER,
       BELAGAVI,
       BELAGAVI DISTRICT - 590 001.

3.     THE DEPUTY DIRECTOR,
       DEPARTMENT OF MINES AND GEOLOGY,
       BELAGAVI,
       DISTRICT BELAGAVI - 590 001.
                                          ... RESPONDENTS

(BY SRI. S.S.MAHENDRA, AGA)
                              ---
                               -2-


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION,
DIRECTING   THE   RESPONDENT        No.2   TO   CONSIDER   THE
APPLICATION/REPRESENTATION DATED 30.06.2021, FILED BY
THE PETITIONER FOR SEEKING DEEMED CONVERSION ORDER
IN RESPECT OF THE LAND BEARING SY.No.88/2 MEASURING 2
ACRE SITUATED AT JAINAPUR VILLAGE, CHIKKODI TALUK,
BELAGAVI DISTRICT UNDER SECTION 95(9) OF KLR ACT FROM
AGRICULTURAL TO NON AGRICULTURAL PURPOSE I.E., FOR
CARRYING ON QUARRYING OPERATION AND FURTHER DIRECT
THE REVENUE AUTHORITIES TO COLLECT THE NECESSARY
CONVERSION FINE/CHARGES AS PER RULE 107 OF KARNATAKA
LAND REVENUE RULES IN THE ENDS OF JUSTICE AND EQUITY
(ANNEXURE-F) AND ETC.


     THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:


                          ORDER

Issue notice.

2. The learned Additional Government Advocate takes

notice for the respondents.

3. Several petitions have been filed in this Court

complaining about the failure of the Deputy Commissioners

in the State to follow the mandate of Sub-section (9) of

Section 95 of the Karnataka Land Revenue Act, 1964 (for

short, "the said Act of 1964"). Notwithstanding the several

decisions of this Court right from 21st November, 2019

onwards, the parties are being driven to file petitions for

seeking a writ of mandamus.

4. In this case, an application was filed by the petitioner

on 30th June, 2021, but the Deputy Commissioner has not

responded.

5. For the reasons recorded in the judgment and order

dated 21st November, 2019 in W.P.No.35133/2019, we pass

the following order:

(i) We direct the second respondent - Deputy

Commissioner to communicate to the petitioner

the conversion fine payable by the petitioner within

a period of two weeks from today;

(ii) On the payment of conversion fine, the

conversion shall be deemed to have been granted

under Sub-section (9) of Section 95 of the said Act

of 1964, in terms of the application at Annexure-H;

(iii) We, however, make it clear that actual

change of user of the land cannot be effected

unless a lease or a licence is granted to the

petitioner in accordance with the Karnataka Minor

Mineral Concession Rules, 1994;