Sri. Sanna Venkobappa S/O. Late ... vs The State Of Karnataka
2022 Latest Caselaw 12806 Kant

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                                                                WP No. 103859 of 2022

                              IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 3RD DAY OF NOVEMBER, 2022

                                                    BEFORE
                               THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                                   WRIT PETITION NO. 103859 OF 2022 (KLR-CON)
                      BETWEEN:

                      SRI. SANNA VENKOBAPPA S/O. LATE GUJJAL HULAGAPPA
                      AGED ABOUT 59 YEARS, OCC. AGRICULTURE,
                      R/O. A-1 302 MALAPRABHA BLOCK,
                      NGV, KORAMANGALA VIVEK NAGAR,
                      BENGALURU SOUTH,
                      NOW PRESENTLY RESIDING
                      AT HOSAPETE, TQ: HOSAPETE,
                      DIST: VIJAYANAGAR.

                                                                           ...PETITIONER
                      (BY SRI. G. I. GACHCHINAMATH, ADVOCATE)
                      AND:

                      1.     THE STATE OF KARNATAKA
                             BY ITS SECRETARY TO REVENUE
                             DEPARTMENT, VIDHANA VEEDHI,
                             BENGALURU-1.
Digitally signed by
SUJATA SUBHASH
                      2.     THE DEPUTY COMMISSIONER,
PAMMAR
Location: HIGH               VIJAYANAGAR,
COURT OF
KARNATAKA,
DHARWAD
                             DIST: VIJAYANAGAR.
BENCH,
DHARWAD.
                                                                        ...RESPONDENTS
                      (BY SRI.M.H.PATIL, AGA)
                              THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
                      CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS
                      DIRECTING THE RESPONDENT NO.2 TO ACCEPT THE CONVERSION FEE
                      IF ANY AND ISSUE THE CONVERSION ORDER IN TERMS OF SECTION
                      95(5) OF THE KARNATAKA LAND REVENUE ACT IN RESPECT OF THE
                      LANDS BEARING SY.NO.80/3 MEASURING 4.50 ACRES SITUATED AT
                      JAMBHUNATHANAHALLI VILLAGE, TQ. HOSAPETE, DIST.VIJAYANAGAR.

                              THIS PETITION COMING ON FOR HEARING, THIS DAY, THE
                      COURT MADE THE FOLLOWING:
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                                               WP No. 103859 of 2022

                               ORDER

Learned Additional Government Advocate accepts notice

for the respondents.

2. Petitioner is the owner of the land bearing

Sy.No.80/3 measuring 4.50 acres situated at

Jambunathanahalli, Tq: Hosapete, Dist: Vijayanagar which falls

within the Municipal limits of Hosapete. Petitioner filed an

application on 25.10.2021 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 for residential

purposes even to this date. Hence, this writ petition.

3. 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 in SLP

WP No. 103859 of 2022

No.1951/2019 against the judgment passed in the said writ

appeal, the Hon'ble Supreme Court confirmed the order passed

by this Court.

4. 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 for the residential

purposes, and the land is deemed to have been converted for

residential purposes. With this observation, the writ petition

stands disposed of.

SD/-

JUDGE AC