M/S Samruddhi Stone Crusher vs The State Of Karnataka
2022 Latest Caselaw 11716 Kant

                           1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 9TH DAY OF SEPTEMBER 2022

                       PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                          AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

           W.P. NO.17863 OF 2022 (GM-MM-S)

BETWEEN:

M/S. SAMRUDDHI STONE CRUSHER
BY ITS PARNTER
YUSUF S/O IMAMHUSEN MULLA
AGED 48 YEARS, OCC BUSINESS
R/O NEAR FAIZ MASZID
SADASHIVNAGAR
BELAGAVI-590001.
                                       ... PETITIONER

(BY MR. BHAT GANAPATHY NARAYAN, ADV., FOR
    MR. SHIVALLI SHIVAYOGI YALLAPPAGOWDA, ADV.,)

AND:

1.     THE STATE OF KARNATAKA
       REPTD. BY ITS SECRETARY
       DEPT. OF REVENUE
       VIKAS SOUDHA, BENGALURU
       BENGLAURU-560 001.

2.     THE DEPUTY COMMISSIONER
       BELAGAVI
       BELAGAVI DISTRICT-590001.
                           2



3.   THE DEPUTY DIRECTOR
     DEPARTMENT OF MINES AND GEOLOGY
     KHANIJA BHAVANA, KUMARASWAMY LAYOUT
     BAUXITE ROAD, BELAGAVI-590019.

                                      ... RESPONDENTS

(BY MR. S.S. MAHENDRA, AGA FOR R1 TO R3)
                         ---

     THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION
DIRECTING THE RESPONDENTS No.2 TO CONSIDER THE
APPLICANT DATED 22.07.2022 FILED BY THE PETITIONER
FOR SEEKING DEEMED CONVERSION ORDER IN RESPECT
OF THE LAND BEARING Sy. No.154/1 MEASURING 1 ACRE 9
GUNTAS SITUATED AT KALLEHOL VILLAGE, TALUK AND
DISTRICT BELAGAVI UNDER SECTION 95(9) OF KLR ACT
(ANNEXURE-F)     FROM     AGRICULTURAL     TO   NON
AGRICULTURAL PURPOSE i.e., FOR CARRYING ON
QUARRYING OPERATION/ACTIVITIES AND FURTHER DIRECT
THE REVENUE AUTHORITIES TO COLLECT THE NECESSARY
CONVERSION FINE/CHARGES AS PER KARNATAKA LAND
REVENUE RULES IN THE ENDS OF JUSTICE AND EQUITY.

     THIS W.P. COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:

                       ORDER

This petition has been filed seeking a writ of

mandamus to the Deputy Commissioner, Belagavi to

consider the application dated 22.07.2022 filed by the

petitioner seeking a deemed order of conversion in

respect of land bearing Sy.No.154/1 measuring 1 acre

9 guntas situate at Kallehol Village, Taluk and District

Belagavi under Section 95(9) of Karnataka Land

Revenue Act, 1964.

2. Learned counsel for the parties jointly

submit that the controversy involved in this petition is

squarely covered by an order dated 21.11.2019

passed in W.P.No.35133/2019.

3. In view of the aforesaid submission and for

the reasons assigned in the aforesaid judgment, this

petition is disposed of on the same terms and with

similar directions.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE SS