Nithin vs The State Of Karnataka
2021 Latest Caselaw 177 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. 15800 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

3.     THE DEPUTY DIRECTOR
       DEPARTMENT OF MINES & GEOLOGY
                           2

     SANGAMESHWAR NAGAR
     BELAGAVI-590001.
                                            ... RESPONDENTS
(BY SHRI I. THARANATH POOJARY, AGA)
                         ---
     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 25.11.2020, FILED

BY THE PETITIONER FOR SEEKING DEEMED CONVERSION

ORDER IN RESPECT OF THE LAND BEARING SY No.173/4

MEASURING 1 ACRE 32 GUNTAS OUT OF 3 ACRE SITUATED

AT   TEERTHAKUNDE      VILLAGE,       KAHANAPUR      TALUK

BELAGAVI DISTRICT UNDER SECTION 95(9) OF KLR ACT

(ANNEXURE-C)    FROM     AGRICULTURAL           TO      NON

AGRICULTURAL   PURPOSE        i.e.,   FOR    CARRYING   ON

QUARRYING OPERATION 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 PREMIMINIARY

HEARING THROUGH VIDEO CONFERENCING THIS DAY,

CHIEF JUSTICE MADE THE FOLLOWING:
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                          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 present use of the land for agricultural purpose

shall not be changed unless a lease is granted to the

petitioner for quarrying in accordance with the Karnataka

Minor Mineral Concession Rules, 1994;

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

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

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