Murunni Hosagerappa S/O Late ... vs The State Of Karnataka
2021 Latest Caselaw 5853 Kant

                               1




               IN THE HIGH COURT OF KARNATAKA
                       DHARWAD BENCH

           DATED THIS THE 9TH DAY OF DECEMBER 2021

                            BEFORE

       THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

          WRIT PETITION NO.103894 OF 2021(KLR-CON)

BETWEEN
SRI. MUNEER SIDDIQUE S/O. LATE SIDDIQUE SAB
AGE. 47 YEARS, OCC. AGRICULTURE,
R/O.VIVEKANANDA NAGAR,
HOSAPETE, TQ.HOSAPETE, DIST. BALLARI
                                                 ...PETITIONER
(BY SRI. G. I. GACHCHINAMATH, ADVOCATE)

AND
1.    THE STATE OF KARNATAKA
      BY ITS SECRETARY TO REVENUE DEPARTMENT
      VIDHANA VEEDHI, BENGALURU-1

2.    THE DEPUTY COMMISSIONER
      BALLARI, DIST.BALLARI-583201.

3.    THE ASSISTANT COMMISSIONER
      HOSAPETE DIVISION,
      HOSAPETE, DIST.BALLARI-583201

4.    THE TAHASILDAR, HOSAPETE,
      TQ. HOSAPETE, DIST.BALLARI.
                                                ...RESPONDENTS
(BY SRI. GIRIJA S. HIREMATH, HCGP)

      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE BY ISSUE OF
MANDAMUS THAT THE LAND SY.NO.69/C/5 MEASURING 1.03 ACRES
SITUATED AT JAMBUNATHANAHALLI, TQ.HOSAPETE VILLAGE, DIST.
                                    2




BALLARI    IS    DEEMED   TO   HAVE    BEEN   CONVERTED   FOR   NON-
AGRICULTURAL PURPOSE AS PER SECTION 95(5) OF THE KARNATAKA
LAND REVENUE ACT.


      THIS WRIT PETITION COMING ON FOR THIS DAY, THE COURT
MADE THE FOLLOWING:
                                ORDER

The petitioner has filed this writ petition seeking to declare

the permission to divert the land bearing Survey No.69/C/5

measuring 1.03 acres situated at Jambunathanahalli, Hospet

Taluk, Vijaynagar District for residential purposes is deemed to

have been granted.

2. The petitioner submitted on-line application under

Section 95(2) of the Karnataka Land Revenue Act, 1964 for

conversion of the land in question for residential purpose with

respondent No.2. Since respondent No.2 has not passed any

order on the application submitted by the petitioner, the

petitioner is constrained to file this writ petition.

3. Admittedly, the land in question is situated within

the municipal limits of Hospet, which is evident from the

endorsement dated 04.08.2021 issued by the Town Municipal

Council, Hospet at Annexure-C. A co-ordinate Bench of this Court

in W.P. No.105734 of 2016 disposed of on 21.02.2018 has held

that if the land falls within the Corporation limits, the provisions

of Karnataka Land Revenue Act ceases to apply to the said land.

The order passed in the said writ petition was confirmed by the

division bench of this Court in W.A. No.100124 of 2018. In an

appeal filed before the Hon'ble Supreme Court by the Urban

Development Authority against the judgment passed in the said

writ appeal, the Hon'ble Supreme Court confirmed the order

passed by this Court.

4. In view of the law laid down by this Court in the

aforesaid case, there is no requirement for the petitioner to seek

permission to divert the land in question for the residential

purposes, and the land is deemed to have been converted for

the purposes for which it is reserved. Therefore, the requirement

of seeking permission to divert the land in question for the

residential purposes is not necessary. With this observation, the

writ petition stands disposed of.

5. In view of disposal of the petition, pending

interlocutory applications, if any, do not survive for consideration

and are dismissed accordingly.

Sd/-

JUDGE yan