Karnataka High Court
Sri.Veeresh vs The Deputy Commissioner on 15 April, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC-K:2985
WP No. 201726 of 2018
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
WRIT PETITION NO. 201726 OF 2018 (KLR-RES)
BETWEEN:
SRI.VEERESH,
S/O SHAMBULINGAPPA SHIRUR
AGED ABOUT 37 YEARS,
R/O C/O. M/S D.B.SHIRUR,
MAIN ROAD, BYADAGI,
HAVERI DIST.
...PETITIONER
(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)
AND:
THE DEPUTY COMMISSIONER
VIJAYAPURA,
Digitally signed DIST: VIJAYAPURA-586101.
by RENUKA
Location: High
Court Of ...RESPONDENT
Karnataka (BY SRI VEERANAGOUDA MALIPATIL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF DIRECTION OR ORDER WRIT IN THE NATURE
OF MANDAMUS, DIRECTING THE RESPONDENT TO REFUND
THE AMOUNT OF RS.14,00,000/- COLLECTED IN RESPECT OF
PHOT KHARAB(A) AND LAND TO AN EXTENT OF 4 ACRES IN
SY.NO.146, OUT OF 22 ACRES 12 GUNTAS, SITUATED AT
TORAVI VILLAGE, TIKKOTA HOBLI, TQ AND DIST-VIJAYAPUR
VIDE ANNEXURE-C BY CONSIDERING THE REPRESENTATION
VIDE ANNEXURE-E.
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NC: 2024:KHC-K:2985
WP No. 201726 of 2018
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Heard the learned counsel for the petitioner
Smt.Ratna N. Shivayogimath and the learned High Court
Government Pleader Sri Veeranagouda Malipatil for the
respondent.
2. The writ petition is filed with the following
prayers:
"a) Issue a writ of direction or order writ in the
nature of mandamus, directing the respondent to
refund the amount of Rs.14,00,000/- collected in
respect of phot kharab(a) and land to an extent of 4
acres in Sy.No.146, out of 22 acres 12 guntas,
situated at Toravi village, Tikkota hobli, tq and dist-
Vijayapur vide Annexure-C by considering the
representation vide Annexure-E.
b) Pass any such order or orders as deemed fit
by this Court under the facts and circumstances of
the case in the interest of justice and equity."
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3. The petitioner has sought for conversion of 22
acres 12 guntas of land in Survey No.146 of Toravi village,
Tikota Hobli, Vijayapur district. Along with the said 22
acres 12 guntas, the petitioner was enjoying 4 acres of Pot
Kharab (a) land.
4. The whole land was sought for conversion for
non-agricultural purpose. As per Annexure-D, the Deputy
Commissioner has fixed Rs.32,670/- as conversion fee as
per Rule 107(A) of the Karnataka Land Revenue Rules,
1966 (for short 'Rules, 1966) and phodi fee of Rs.35/- for
22 acres 12 guntas of land. However, for 4 acres of Pot
Kharab (a) land, the Deputy Commissioner has directed
the petitioner to pay Rs.14,00,000/- as the conversion fee.
The petitioner paid a sum of Rs.21,28,576/- and thereafter
obtained a conversion order.
5. Subsequent thereto, the petitioner has
challenged imposition of Rs.14,00,000/- as the conversion
fee for 4 acres of Pot Kharab (a) land owned by him on the
ground that 4 acres of land could not have treated as
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separate land and conversion fee could not have been
imposed at the market rate and therefore, sought for
return of Rs.14,00,000/-.
6. In support of such contention, the learned
counsel for the petitioner placed reliance on the decision of
the Coordinate Bench of this Court in the case of
L.A.Krishnappa vs. State of Karnataka and Others
reported in ILR 2009 KAR 938.
7. The learned counsel for the petitioner while
inviting the attention of this Court to paragraph Nos.4 and
5 of the said judgment, contended that Pot Kharab (a)
land is to be construed as the land belonging to the land
owner and the Government cannot distinguish between
the Pot Kharab (a) and the ownership land and therefore,
levying of Rs.14,00,000/- as the conversion fee by the
respondent is incorrect and sought for allowing the writ
petition.
8. Per contra, the learned High Court Government
Pleader while filing the statement of objections placed
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reliance on the circular issued by the Karnataka
Government in No.RD 21 LGP 93 dated 16.09.1994 and
contended that if Pot Kharab (a) false within two bids of
the land owned by the land owner, then such land is to be
considered as a separate and distinct land and therefore,
levying the conversion fee at the market rate is thus
justified and sought for dismissal of the writ petition.
9. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
10. On such perusal of the material on record
especially Annexure-D, there is no mention by the Deputy
Commissioner that Pot Kharab (a) land falls in between
the land owned by the petitioner.
11. Further, in view of the dictum of this Court in
the case of L.A.Krishnappa (supra), the land owner would
be entitled to enjoy the Pot Kharab (a) land as owner of
that land and there cannot be distinction made between
the ownership of the land and Pot Kharab (a) land.
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12. Therefore, levying the conversion fee to the
extent of 4 acres of Pot Kharab (a) land at the market rate
of Rs.14,00,000/- is thus impermissible. Further, for 4
acres of Pot Kharab land also, the Deputy Commissioner is
entitled to levy conversion fee as per said Rules, 1966.
13. Hence, the following order is passed:
ORDER
a) The writ petition stands allowed.
b) The petitioner shall make a representation
within one month here from undertaking to pay
the conversion fee as per Rule 107(A) of the
Rules, 1966 for 4 acre of Pot Kharab (a), which
is the subject matter of the conversion order at
Annexure-D.
c) If any such application is filed by the petitioner
within one month from today, the Deputy
Commissioner shall consider the same in terms
of Rule 107(A) of the Rules, 1966 and in the
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light of the decision of this Court in the case of
L.A.Krishnappa (supra).
d) After collecting the necessary fee, the remaining
amount is ordered to be refunded to the
petitioner.
Sd/-
JUDGE
SRT
CT:SI
