Pradeep Kumar S A vs State Of Karnataka
2021 Latest Caselaw 7167 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 23RD DAY OF DECEMBER, 2021
                        PRESENT
     THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
                          AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
          WRIT PETITION NO.23792/2021 (GM-MM-S)

BETWEEN

     PRADEEP KUMAR S A
     S/O LATE S ASHWATH RAJ
     AGED ABOUT 44 YEARS
     R/AT NO.1099/7
     TRIVENI ROAD
     YASHWANTAPURA
     BENGALURU-560022
                                          ...PETITIONER

(BY SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)


AND

1.     STATE OF KARNATAKA
       REP BY ITS CHIEF SECRETARY
       VIDHANA SOUDHA, BENGALURU
       BENGALURU-560001

2.     THE SECRETARY TO GOVERNMENT
       DEPARTMENT OF COMMERCE AND INDUSTRIES
       VIKASA SOUDHA, BENGALURU
       BENGALURU-560001

3.     THE PRINCIPAL SECRETARY TO GOVERNMENT
       DEPARTMENT OF REVENUE
       M S BUILDING
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     DR. B R AMBEDKAR VEEDHI
     BENGALURU-560001

4.   THE DEPUTY COMMISSIONER
     DC OFFICE COMPLEX
     MANDYA DISTRICT
     MANDYA - 571401

5.   THE SENIOR GEOLOGIST
     DEPARTMENT OF MINES AND GEOLOGY
     MINERAL DIVISION, VIDYA NAGARA
     1ST CROSS, MANDYA DISTRICT
     MANDYA-571401
                                    ...RESPONDENTS

(BY SRI S S MAHENDRA, AGA)

     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 ORDER OR
DIRECTION DIRECTING THE 4TH RESPONDENT -DEPUTY
COMMISSIONER TO FORTHWITH ISSUE APPROPRIATE
ORDERS OF DEEMED NA CONVERSION OVER AN AREA OF
4-00 ACRES IN PETITIONER'S PRIVATE PATTA LAND AT
SY.NO.21/P10 OF KALENAHALLI VILLAGE, K.SHETTIHALLI
HOBLI,   SRIRANGAPATNA   TALUK,   MANDYA   DISTRICT
PURSUANT TO PETITIONER'S REQUEST DATED 31.01.2019
BY QUASHING OR SETTING ASIDE THE ENDORSEMENT
DATED 30.10.2019 ISSUED BY THE 4TH RESPONDENT -
DEPUTY COMMISSIONER PRODUCED AT ANNEXURE-A.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, SACHIN SHANKAR MAGADUM .J MADE
THE FOLLOWING:
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                              ORDER

Learned counsel for the petitioner and learned Additional

Government Advocate appearing for the respondents submit to

this Court that the matter is covered by the judgment of a Co-

ordinate Bench of this Court in W.P.No.35133/2019 dated

21.11.2019.

2. Admittedly, the petitioner has filed an application

seeking conversion of the land for the purpose of quarrying which

has been kept in abeyance on the ground that he has not

produced the relevant documents, by issuing the endorsement

dated 30.10.2019.

3. In the light of the ratio laid down by the Co-ordinate

Bench of this Court in W.P.No.35133/2019 dated 21.11.2019, we

would find that there is inaction on the part of respondent No.4-

Deputy Commissioner and the impugned endorsement dated

30.10.2019 issued by respondent No.4-Deputy Commissioner is

also contrary to the ratio laid down by the Co-ordinate Bench in

the judgment cited supra, more particularly, the findings recorded

by the Co-ordinate Bench at Para 12 which reads as under:

"12. Once an application is made under Sub Section 9 of Section 95, the Deputy Commissioner to whom application is made is under an obligation to communicate the fine payable to such applicant in accordance with Rule 107 of the Karnataka Land Revenue Rules, 1966 (for short 'the said Rules of 1966') and once such fine is paid, the deeming fiction under Sub Section 9 of Section 95 immediately comes into operation."

4. Therefore, this is a fit case to issue an appropriate

direction to respondent No.4. Hence, the petition must succeed

and we pass the following:

ORDER

(i) The writ petition is allowed. The impugned endorsement

dated 30.10.2019 issued by respondent No.4-Deputy

Commissioner in No.ALN(2) MISC 98/2018-19 is hereby quashed

on the ground that the Deputy Commissioner had no power to

keep the application filed under Section 95(9) in abeyance.

(ii)The application dated 31.01.2019 shall be considered by

the Deputy Commissioner and on payment of fine as demanded

by the Deputy Commissioner, a deemed conversion in respect of

schedule land bearing Survey No.21/P10 of Kalenahalli Village,

Srirangapatna Taluk, Mandya District, totally measuring 4 acres

shall be deemed to have been granted to the petitioner under

Sub Section (9) of Section 95 of the Act.

(iii) We make it clear that even if a deemed conversion as

above is granted, the petitioner is entitled to use the said land for

non-agricultural purpose for extraction of Ordinary Building Stone

only after a licence under the Karnataka Regulation of Stone

Crushers Act, 2011 is granted.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

bkv