Sri Dilip S/O Thippanna Singanath vs The Deputy Commissioner
2023 Latest Caselaw 8949 Kant

Karnataka High Court

Sri Dilip S/O Thippanna Singanath vs The Deputy Commissioner on 29 November, 2023

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                                                       NC: 2023:KHC-D:13947
                                                            WP No. 106986 of 2023




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                            DATED THIS THE 29TH DAY OF NOVEMBER, 2023

                                              BEFORE
                       THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                         WRIT PETITION NO. 106986 OF 2023 (KLR-CON)

                     BETWEEN:

                     SRI. DILIP S/O. THIPPANNA SINGANATH,
                     AGED ABOUT 57 YEARS, OCC: BUSINESS,
                     R/O. YALAKKI SHETTAR COLONY,
                     DHARWAD, TQ & DIST: DHARWAD.
                                                                      ...PETITIONER
                     (BY SRI G. I. GACHCHINAMATH, ADVOCATE)

                     AND:

                     THE DEPUTY COMMISSIONER,
                     DHARWAD DISTRICT,
                     DHARWAD-580001.
                                                                     ...RESPONDENT
                     (BY SRI SHIVAPRABHU HIREMATH, AGA)

                          THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
                     OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
        Digitally
        signed by    IMPUGNED ORDER DATED 05-02-2023 BEARING NO. NIL ISSUED BY
        VN
VN      BADIGER
BADIGER Date:
                     THE RESPONDENT PRODUCED AS ANNEXURE-C AND ALSO THE
        2023.12.06
        11:19:04
        +0530
                     IMPUGNED ORDER DATED 05-09-2023 BEARING NO. NIL ISSUED BY
                     THE RESPONDENT PRODUCED AT ANNEXURE-D IN RESPECT OF THE
                     LAND BEARING SY. NO. 5/31 MEASURING 1 GUNTAS 8 ANNAS
                     SITUATED AT LAKAMANAHALLI, DHARWAD, TQ & DIST: DHARWAD
                     BY ISSUE OF CERTIORARI OR ANY SUITABLE WRIT OR ORDER OR
                     DIRECTIONS AND DECLARE THAT THE LAND BEARING SY. NO. 5/31
                     MEASURING 1 GUNTA 8 ANNAS SITUATED AT LAKAMANAHALLI
                     DHARWAD TQ AND DIST DHARWAD IS DEEMED TO HAVE BEEN
                     CONVERTED AS PER SECTION 95 OF THE KARNATAKA LAND
                     REVENUE ACT.

                          THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
                     COURT MADE THE FOLLOWING:
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                                                NC: 2023:KHC-D:13947
                                                   WP No. 106986 of 2023




                                     ORDER

Learned counsel for the petitioner submits that the

issue involved in this petition seeking conversion of

petitioner's land bearing Sy.No.5/31 of Lakamanahalli

village, Taluka Dharwad is squarely covered in terms of the

Judgment of this Court passed in Writ Petition

No.104277/2021(KLR-CON) dated 25.11.2021.

2. The learned counsel for the petitioner would also

submit that the agricultural land belonging to the petitioner

in substance is no longer an agricultural land and it is

included under a comprehensive development plan for the

use of residential purpose.

3. Learned AGA would submit that in case the land is

falling under the corporation limit and included in the

comprehensive development plan then the petitioner need

not seek conversion. He would further submit that the

petitioner may be directed to pay any fees payable under the

applicable Rules and Regulations

NC: 2023:KHC-D:13947

4. That being the situation, the land is deemed to have

been converted for non-agricultural purpose. Hence, the

order passed by the Deputy Commissioner at Annexures-C

and D rejecting the petitioner's applications for conversion of

aforementioned land is quashed.

5. Land is declared to be the non-agricultural land as

specified in the comprehensive development plan.

6. If the petitioner is required to pay any fees in

respect of land referred to above, same shall be paid as per

the applicable Rules and Regulations.

Sd/-

JUDGE

CKK/ct-an