Karnataka High Court
Shyam Ramchandra Kuduchakar vs The State Of Karnataka on 21 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:4192
WP No. 101075 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 101075 OF 2024 (KLR-CON)
BETWEEN:
SHAM RAMCHANDRA KUDUCHAKAR
AGE. 65 YEARS,OCC. AGRICULURE,
R/O SHAHAPUR, BELAGAVI
...PETITIONER
(BY SRI. VITTHAL S TELI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY SECRETARY,
DEPARTMENT OF REVENUE,
REVENUE BUILDING, K R CIRCLE
NUNEGUNDLAPALL, AMBEDKAR VEEDHI
BENGALURU- KARNATAKA -560001
2. THE DEPUTY COMMISSIONER
BELAGAVI, COURT COMPOUND, BELAGAVI-590001
SUJATA ...RESPONDENTS
SUBHASH (BY SRI.V.S.KALASURMATH, HCGP)
PAMMAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF DECLARATION OR ORDER DECLARING THAT THE RS NO.
82/ MEASURING 1 ACRE 11 GUNTHAS 4 ANNAS, RS NO. 82/2
MEASURING 1 ACRE 16 GUNTHAS AND RS NO. 82/3 MEASURING 1
ACRE 08 GUNTHAS 4 ANNAS OF BELAGAVI ARE NON AGRICULTURAL
LAND IN VIEW OF THE KARNATAKA GAZETTE NOTIFICATION DATED.
06/03/2008 AS IS CAME WITHIN THE LIMITS OF CITY MUNICIPAL
CORPORATION, BELAGAVI VIDE ANNEXURE-D AND
REPRESENTATION DATED. 20/11/2023 VIDE ANNEXURE-F.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:4192
WP No. 101075 of 2024
ORDER
The learned High Court Government Pleader accepts
notice for the respondents.
2. The petitioner asserts that he is the owner of the
lands bearing RS No.82/* measuring 1 acre 11 guntas 4 annas,
RS No.82/2 measuring 1 acre 16 guntas, and RS No.82/3
measuring 1 acre 8 guntas 4 annas all situated at Belagavi.
The present petition is filed to declare that the provisions of the
Karnataka Land Revenue Act are not applicable, since the
subject lands are situated within the limits of Belgavi Municipal
Corporation. The apprehension of the petitioner is unfounded,
since the Planning Authority is bound by the decision of this
Court in WP No.105734/2016 disposed of on 21.2.2018.
3. It is not in dispute that the lands in question are
situated within the Belgavi Municipal Corporation. A co-
ordinate Bench of this Court in WP No.105734/2016 disposed of
on 21.2.2018 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 WA No.100124/2018. 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.
NC: 2024:KHC-D:4192
4. In view of the above, it is held that there is no
requirement for the petitioner to seek permission to divert the
lands in question for the purposes for which they are
designated in the master plan published by the Planning
Authority, and also there is no requirement to deposit the
conversion fee prescribed under the provisions of the Karnataka
Land Revenue Act and Rules for development of the subject
lands in accordance with law. With this observation, the writ
petition stands disposed of.
Sd/-
JUDGE
BKM
CT:ANB
