Sri. Muneer Siddique S/O. ... vs The State Of Karnataka
2021 Latest Caselaw 5015 Kant

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              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

         DATED THIS THE DAY OF 29TH NOVEMBER, 2021

                           BEFORE

      THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

               WP NO 103882 OF 2021 (KLR/CON)

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

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

2 . THE DEPUTY COMMISSIONER
BALLARI,DIST. BALLARI

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

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

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA PRAYING TO DECLARE BY ISSUE OF
MANDAMUS THAT THE LAND BEARING SY.NO.76/C2 MEASURING 2.00
ACRES SITUATED AT JAMBUNATHANAHALLI, TQ.HOSAPETE VILLAGE,
DIST. BALLARI IS DEEMED TO HAVE BEEN CONVERTED FOR NON-
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AGRICULTURAL PURPOSE AS PER SECTION 95(5) OF THE KARNATAKA
LAND REVENUE ACT.


      THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:


                                 ORDER

Petitioner is the owner of the land bearing Sy.No.76/C2

measuring 2.00 acres situated at Jambunathanahalli, Tq:

Hosapete, Dist: Bellari which falls within the Municipal limits of

Hosapete. Petitioner filed an application under Section 95 of the

Karnataka Land Revenue Act with respondent No.2-Deputy

Commissioner to permit him to divert his land for the residential

purposes. However, respondent No.2 has not considered the

request of the petitioner for diverting the land in question even

to this date.

2. It is not in dispute that the land in question is

situated within the Municipal limits of Hosapete. 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.

3. 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 and the land is deemed

to have been converted for the purposes for which it is reserved

in the master plan published by the Planning Authority.

Therefore, the requirement of seeking permission to divert the

land in question is not necessary.

With this observation, the writ petition stands disposed of.

Sd/-

JUDGE Vb/-