Sebastian Balku D'Souza vs The State Of Karnataka
2021 Latest Caselaw 1399 Kant

                          -1-



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 25TH DAY OF JANUARY, 2021

                       PRESENT

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

                         AND

THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

        WRIT PETITION NO.1358 OF 2021(GM-MM-S)

BETWEEN:
SEBASTIAN BALKU D'SOUZA
PROPRIETOR OF M/S. D'SOUZA STONE CRUSHER
AGED ABOUT 51 YEARS
R/O. HOUSE NO.3
WEST STREET
CAMP BELAGAVI - 590 001
                                       ... PETITIONER
(BY SHRI. S.Y. SHIVALLI, ADVOCATE)

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

2 . THE DEPUTY COMMISSIONER
BELGAUM DISTRICT
BELGAUM - 571 401
                                      ... RESPONDENTS
(BY SHRI. I. TARANATH POOJARY, 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 WRIT OR DIRECTION,
DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE
REPRESENTATION DATED 23/24-12-2020, FILED BY THE
PETITIONER FOR SEEKING DEEMED CONVERSION ORDER IN
RESPECT OF THE LAND BEARING SY.NO.133 MEASURING 1
                                     -2-



ACRE SITUATED AT BELGUNDI VILLAGE, TALUK AND
DISTRICT, BELGAVI UNDER SECTION 95(9) OF KLR ACT
(ANNEXURE-D)    FROM    AGRICULTURAL    TO    NON
AGRICULTURAL PURPOSE I.E., FOR CARRYING ON STONE
CRUSHER ACTIVITIES AND FURTHER DIRECT THE REVENUE
AUTHORITIES TO COLLECT THE NECESSARY CONVERSION
FINE/CHARGES AS PER RULE 107 OF KARNATAKA LAND
REVENUE RULES AND ETC.

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

                                   ORDER

Issue notice. The learned Additional Government

Advocate takes notice for the respondents.

2. There is no dispute that the present petition will be

governed by the judgment and order dated 21st September

2020 in W.P.No.4180/2020.

3. In view of what is held in the said decision, we

pass the following order:

(i) We direct the second respondent to

communicate to the petitioner the conversion fine

payable by the petitioner within a period of two weeks

from today;

(ii) In the event the petitioner pays the

conversion fine, as communicated to him, conversion

shall be deemed to have been granted to the

petitioner in accordance with sub-section (9) of

Section 95 of the Land Revenue Act, 1964 in terms

of the application made vide Annexure-D;

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

conversion as above is granted, the petitioner is not

entitled to use the said land for non-agricultural

purposes of stone crushing unless a licence is

granted to the petitioner under Section 3 of the

Karnataka Regulation of Stone Crushers Act, 2011;

(iv) The petition is allowed on the above terms.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

*alb/-.