Nithin vs The State Of Karnataka
2021 Latest Caselaw 176 Kant

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 5TH DAY OF JANUARY, 2021

                        PRESENT

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

                          AND

     THE HON'BLE MR.JUSTICE SATISH CHANDRA SHARMA

        WRIT PETITION NO. 15802 OF 2020 (GM-MM-S)

BETWEEN:

NITHIN
S/O LATE SHASHIDHAR ANGADI
PROPRIETOR OF
M/S. ANGADI STONE CRUSHING INDUSTRY
AGED ABOUT 42 YEARS
OCC: BUSINESS
R/O PLOT NO.5, CTC NO. C103
7TH CROSS, BHAGYANAGARA
BEHIND RAM MANDHIR
TILAKWADI, BELAGAVI - 590006
                                         ... PETITIONER
(BY SHRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA,
 ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPTD. BY ITS SECRETARY
       DEPT. OF REVENUE
       VIKASA SOUDHA, BENGALURU
       BENGALURU-560001

2.     THE DEPUTY COMMISSIONER
       BELAGAVI DISTRICT-590001
                                      ... RESPONDENTS
(BY SHRI I. THARANATH POOJARY, AGA)
                         ---
                              2

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENT No.2 TO CONSIDER THE
APPLICATION/REPRESENTATION        DATED   28.09.2020,
25.11.2020 FILED BY THE PETITIONER FOR SEEKING
DEEMED CONVERSION ORDER IN RESPECT OF THE LAND
BEARING SY No.173/2 MEASURING 1 ACRE OUT OF 7 ACRE
SITUATED AT TEERTHAKUNDE VILLAGE, KAHANAPUR
TALUK BELAGAVI DISTRICT UNDER SECTION 95(9) OF KLR
ACT (ANNEXURE-C AND 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 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 to the respondents. The learned

Additional Government Advocate takes notice for the

respondents. The matter is forthwith taken up for final

disposal.

2. It is an admitted position that this petition will be

governed by the judgment and order dated 6th March, 2020

in W.P. No.5110 of 2020. For the reasons recorded in the

said judgment and order, we pass the following order:

ORDER

(i) The Deputy Commissioner, Belagavi District

(second respondent) shall convey to the petitioner the

amount of conversion fine in accordance with Section 107 of

the Karnataka Land Revenue Rules, 1966 within a period of

two weeks from today. On payment of the conversion fine, a

permission for conversion of the land as contemplated under

sub-section (9) of Section 95 of the Karnataka Land

Revenue Act, 1964 in terms of the application made by the

petitioner shall be deemed to have been granted;

(ii) The petition is disposed of on the above terms.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

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