Karnataka High Court
K Venkatasitharamayya S/O K Venkatarao vs The State Of Karnataka on 13 December, 2023
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NC: 2023:KHC-D:14618
WP No. 106997 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 106997 OF 2023 (KLR-CON)
BETWEEN:
1. K. VENKATASITHARAMAYYA S/O. K. VENKATARAO
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. WARD NO.25, 1ST CROSS, 3RD SUB LINK,
KUVEMPU NAGAR, CANTONMENT,
DISTRICT BALLARI-583101.
2. K. SHIVARAMAKRISHNAPPA S/O. K. VENKATARAO
AGE: 50 YEARS OCC: AGRICULTURE,
R/O. 9TH WARD, MANGAMMA CAMP,
DISTRICT BALLARI-583101.
3. K. RAVISHANKAR S/O. K. VENKATARAO
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. 9TH WARD, MANGAMMA CAMP,
DISTRICT BALLARI-583101.
...PETITIONERS
(BY SRI. T. M. NADAF, ADVOCATE)
Digitally signed
by
MOHANKUMAR
MOHANKUMAR B SHELAR
B SHELAR
Date:
2023.12.16
AND:
13:42:29 +0530
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
M. S. BUILDING, BANGALORE-01.
2. THE DEPUTY COMMISSIONER
OFFICE OF DEPUTY COMMISSIONER
BALLARI-583101.
3. THE ASSISTANT COMMISSIONER
OFFICE OF ASSISTANT COMMISSIONER,
BALLARI-583101.
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NC: 2023:KHC-D:14618
WP No. 106997 of 2023
4. THE TEHSILDAR,
DISTRICT BALLARI-583101.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI, QUASHING THE IMPUGNED ENDORSEMENT ORDER
DATED 03-09-2022 ISSUED BY THE 2ND RESPONDENT (I.E, DEPUTY
COMMISSIONER) WHICH IS PRODUCED AT ANNEXURE-J AND
CONSEQUENTLY DECLARE THAT PETITIONERS APPLICATION AT
ANNEXURE-C IN RESPECT OF THE LAND BEARING SY. NO. 597 B1
B2A D1A MEASURING 2 ACRES SITUATED AT BALLARI TALUK AND
DISTRICT, IS DEEMED TO HAVE BEEN GRANTED PERMISSION IN
TERMS OF SECTION 95(5) OF THE KARNATAKA LAND REVENUE ACT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petition is filed seeking writ of certiorari questioning
the order dated 03.09.2022 passed by the Deputy
Commissioner. The Deputy Commissioner in terms of the
endorsement has rejected the application filed by the
petitioner for conversion of his land. The learned counsel
for the petitioners submits that the endorsement is issued
pursuant to the report of the Tahsildar. However, the
endorsement is issued after expiry of 120 days. He would
refer to Sub-Section (5) of Section 95 of the Karnataka
Land Revenue Act to contend that if the application for
NC: 2023:KHC-D:14618
conversion is not considered within the stipulated date of
120 days, there shall be an order of deemed conversion.
He would also submit that issue involved in this petition is
covered in terms of the judgment of this Court in W.P.
No.104776/2023.
2. Learned counsel for the respondents submits
that the application is rightly rejected basing on the report
of the Tahsildar. It is to be noticed that the endorsement
is issued after expiry of 120 days from the date of the
application. The learned Government Advocate is not in a
position to point out that the application is considered and
order is passed before the stipulated 120 days.
3. Under these circumstances, this Court is of the
view that the petitioners' land which is subject matter of
the petition is deemed to have been converted for non-
agriculture use.
4. Accordingly, this Court has passed the
following:-
NC: 2023:KHC-D:14618
ORDER
(i) Writ petition is allowed. Consequently,
Annexure-J is quashed.
(ii) The respondent authorities are entitled to
collect necessary conversion fee as
applicable under relevant rules, in respect of
petition land which is sought to be
converted.
Sd/-
JUDGE
CHS
