Sri. C. V. Nanjappa vs The State Of Karnataka
2021 Latest Caselaw 3211 Kant

                          -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24TH DAY OF AUGUST, 2021

                       PRESENT

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

   WRIT PETITION NO.13080 OF 2021(GM-MM-S)

BETWEEN:
SRI C.V. NANJAPPA
S/O. SRI H.N. VEERABHADRACHAR,
AGED ABOUT 51 YEARS,
R/O. "RAJA RAJESHWARI NILAYA",
AGRAHARA STREET,
CHAMARAJANAGAR TALUK,
CHAMARAJANAGAR - 571 313.
                                        ... PETITIONER
(BY SHRI BASAVANNA K .M., ADVOCATE)


AND:

1 . THE STATE OF KARNATAKA
    DEPARTMENT OF REVENUE,
    M.S. BUILDING,
    DR. B. R. AMBEDKAR,
    BENGALURU-560 001,
    REPRESENTED BY ITS SECRETARY.

2 . THE DEPUTY COMMISSIONER
    CHAMARAJANAGAR DISTRICT,
    CHAMARAJANAGAR-571 313.

3 . THE ASSISTANT COMMISSIONER
    CHAMARAJANAGARA SUB DIVISION,
    CHAMARAJANAGAR-571 313.

4 . THE TAHASILDAR
    CHAMARAJANAGAR TALUK,
    CHAMARAJANAGAR-571 313.
                                      ... RESPONDENTS
(BY SHRI S.S. MAHENDRA, AGA)
                              -2-


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS      TO    CONSIDER     THE    APPLICATION
/REPRESENTATION OF THE PETITIONER FOR CONVERSION OF
THE LAND TO NON AGRICULTURAL PURPOSE BEARING SURVEY
NO.247 MEASURING 4 ACRES SITUATED AT SHIVAPURA
VILLAGE, KASABA HOBLI, CHAMARAJANAGARA TALUK AND
DISTRICT AS PER ANNEXURES - L, T AND U RESPECTIVELY
& ETC.

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

                           ORDER

Issue notice to the respondents. The learned

Additional Government Advocate takes notice.

2. The issue involved in this petition is admittedly

governed by the judgment and order dated 21st September

2020 passed in Writ Petition No.4180 of 2020. Hence, in

view of the said judgment and order, we pass the following

order:

(i) We direct the second respondent to communicate

to the petitioner within a period of two weeks from

today, the conversion fine amount payable on the

basis of the applications at Annexures-L, T and U;

(ii) On the payment of the conversion fine as

demanded by the second respondent, conversion

shall be deemed to have been granted in terms of

the applications at Annexures-L, T and U in

accordance with sub-section (9) of Section 95 of

the Karnataka Land Revenue Act, 1964;

(iv) We make it clear that actual change of user can be

effected only after a quarrying lease or licence is

granted to the petitioner in accordance with law;

(v) The petition is allowed on the above terms;

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB