Karnataka High Court
Smt. M R Rajeshwari S/O M.G.Raghavendra ... vs The Deputy Commissioner on 16 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:3775
WP No. 100871 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 100871 OF 2024 (KLR-CON)
BETWEEN:
1. SMT. M R RAJESHWARI S/O M.G.RAGHAVENDRA RAO
AGE. 59 YEARS,
OCC. AGRICULTURE,
R/O.OPP STATE BANK OF INDIA
STATION ROAD, HOSAPETE
TQ. HOSAPETE
DIST. VIJAYANAGAR-583201
...PETITIONER
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
VIJAYANAGAR DISTRICT
DIST. VIJAYANAGAR-583201
...RESPONDENT
(BY SRI. V.S. KALASURMATH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO, A. QUASH THE IMPUGNED
SUJATA SUJATA ENDORSEMENT ORDER DATED NIL BEARING NO.NIL PRODUCED AS
SUBHASH SUBHASH
PAMMAR PAMMAR ANNEXURES-B AND B1 ISSUED BY THE DEPUTY COMMISSIONER,
VIJAYANAGAR BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER
SUITABLE WRIT OR ORDER OR DIRECTIONS. B. DECLARE THAT THE
LAND BEARING SY.NO.24/1 MEASURING 0.75 ACRES AND
SY.NO.24/A/2 MEASURING 2 ACRES SITUATED AT NAGENAHALLI,
TQ.HOSAPETE, DIST.VIJAYANAGAR IS DEEMED TO HAVE BEEN
CONVERTED BY VIRTUE OF SECTION 95 OF THE KARNATAKA LAND
REVENUE ACT. C. GRANT SUCH OTHER RELIEFS AS THIS HON'BLE
COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE PRESENT
CASE INCLUDING AN ORDER FOR COSTS MAY KINDLY BE PASSED IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:3775
WP No. 100871 of 2024
ORDER
The petitioner is the owner of land bearing Sy.No.24/1
measuring 0.75 acres and Sy.No.24/A/2 measuring 2 acres
situated at Nagenahalli, Tq:Hosapere, Dist:Vijayanagar, which
falls within the municipal limits of Hosapete. Petitioner filed an
application on 13.05.2023 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 rejected the request of the
petitioner for diverting the land in question for residential
purposes.
2. 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 against
the judgment passed in the said writ appeal, the Hon'ble
Supreme Court confirmed the order passed by this Court.
3. 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.
NC: 2024:KHC-D:3775
Therefore, the requirement of seeking permission to divert the
land in question for the residential purposes is not necessary.
4. Accordingly the writ petition is allowed. The
impugned endorsement dated 11.07.2023, issued by
respondent No.2, produced at Annexure-E is hereby quashed
and the petitioner is permitted to use land bearing Sy.No.24/1
measuring 0.75 acres and Sy.No.24/A/2 measuring 2 acres
situated at Nagenahalli, Tq:Hosapere, Dist:Vijayanaga for
residential purpose.
Sd/-
JUDGE
SSP
CT:CNB
