Karnataka High Court
Shankargouda S/O. Siddanagouda Patil vs The State Of Karnataka on 13 November, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC-D:16622
WP No. 106296 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 106296 OF 2024 (KLR-CON)
BETWEEN:
SHANKARGOUDA S/O. SIDDANAGOUDA PATIL,
AGE: 46, OCC: AGRICULTURE,
R/O. 910, NEAR BUS STAND,
KANIVIKARAVINAKOPPA KANVI,
TAL: AND DIST: BELAGAVI-591109.
...PETITIONER
(BY SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, ROOM NO.540,
5TH FLOOR, GATE-2, M.S. BUILDING,
DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER,
MALLIKARJUN
RUDRAYYA
KALMATH
BELAGAVI DISTRICT, BELAGAVI,
D.C. COMPOUND, BELAGAVI-590001.
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH 3. THE ASSISTANT COMMISSIONER,
BELAGAVI DISTRICT, BELAGAVI,
D.C. COMPOUND, BELAGAVI-590001.
4. THE TAHASILDAR, BELAGAVI,
DIST: BELAGAVI-590001.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP)
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NC: 2024:KHC-D:16622
WP No. 106296 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
I. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT
QUASHING THE ENDORSEMENT OF AFFIDAVIT BASED LAND
CONVERSION, AFFIDAVIT ID NO.646191 AND LAND
CONVERSION ID 483829 DATED 10/10/2023 PASSED BY THE
RESPONDENT NO.2 VIDE ANNEXURE-D.
II. SEEKING WRIT IN THE NATURE OF DECLARATION OR ORDER
DECLARING THAT THERE IS DEEMED CONVERSION OF THE
LAND RS NO.37/8 MEASURING 2 ACRE 21 GUNTHAS
SITUATED AT KONDASAKOPPA OF BELAGAVI TALUKA AND
DISTRICT UNDER SUB-SECTION (5) OF SECTION 95 OF THE
KARNATAKA LAND REVENUE ACT 1964 VIDE ANNEXURE-B
DATED 01/02/2023 AND
III. SEEKING WRIT OF MANDAMUS OR DIRECTION TO ISSUE
CHALLAN TO THE PETITIONER TO DEPOSIT THE LAND
CONVERSION FEES.
IV. ISSUE ANY OTHER WRIT OR DIRECTION AS THIS HONORABLE
COURT DEEMS FIT TO MEET THE ENDS OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
Heard learned counsel for the petitioner and learned
HCGP for respondents-State.
2. Petitioner is the owner and in possession of land
bearing R.S.No.37/8 measuring 02 acre 21 guntas situated
at K.K.Koppa village, Belagavi, he has been cultivating the
NC: 2024:KHC-D:16622
said land. Petitioner submitted an application dated
01.02.2023 to respondent No.2 requesting for conversion
of land from agriculture to non agriculture purpose. It is
contended by learned counsel for the petitioner that the
adjacent owner of RS.No.37/4 and 37/*/2 also made
similar application seeking conversion of land, which was
granted by the 2nd respondent. However, the application
filed by the petitioner came to be rejected on the ground
that there is no approach road. Hence, the petitioner is
before this Court on the ground that the impugned
endorsement issued by the 2nd respondent is illegal,
arbitrary and contrary to the conversion having been
granted to the adjoining owner of the land.
3. Learned counsel for the petitioner relies upon the
Judgment of Co-ordinate Bench of this Court in Writ
Petition No.100442/2022 (KLR-CON) dated 20.04.2022,
wherein in similar situation a similar endorsement was
given for rejecting the conversion of land from agriculture
to non agriculture purpose. The said writ petition came to
NC: 2024:KHC-D:16622
be allowed by quashing the said endorsement issued by
the Deputy Commissioner therein. Accordingly, the
present petitioner also seeks similar relief. In the above
said Judgments, a coordinate Bench of this Court in at
paragraph No.5 has held as under :
"5. The second reason regarding the non
availability of an access road, it has to be stated
here that this cannot be a consideration for the
Deputy Commissioner to refuse permission. On
permission being granted by the Deputy
Commissioner, the petitioner cannot automatically
start using the land for the purpose for which it is
converted and the petitioner would still have to
secure appropriate approvals from the planning
authorities to utilize the land and those planning
authorities are required to take into consideration
the feasibility of the petitioner utilizing the land in a
proper and effective manner."
4. Under the circumstances and so also in view of
adjoining owners of land having been granted conversion
of land and the petitioner submitting that there is a
common area to his land as well as the adjoining land
which has been granted conversion of land. Respondent
NC: 2024:KHC-D:16622
No.2 ought to have granted conversion to the petitioner as
well, having not done so. It clearly depicts illegality and
arbitrariness of the endorsement issued by the 2nd
respondent.
5. Learned HCGP representing the State sustains the
order on the ground that there is no approach road to the
land belong to the petitioner.
6. In view of discussions made hereinabove,
considering the fact that the adjoining land owners having
been granted conversion of land and the coordinate bench
of this Court considering the similar grounds would not a
good ground for Deputy Commissioner to refuse the
permission. I am in agreement with the learned counsel
for the petitioner that he would also be in the similar
position to be granted conversion from agriculture to non
agriculture purpose. Accordingly, I pass the following :
ORDER
(i) Petition is allowed.
NC: 2024:KHC-D:16622
(ii) Endorsement issued by respondent No.2
dated 10.10.2023 vide Annexure-D is
hereby quashed.
(iii) Writ of mandamus is issued directing
respondent No.2 to grant conversion of the
land of the petitioner bearing Sy.No.37/8
measuring 2 acre 21 gunta situated at
Kondasakoppa village, Belagavi Taluka and
District.
(iv) The said exercise shall be completed
within a period of six weeks from the date
of receipt of copy of this order.
(v) Respondents are at liberty to collect
required conversion fee, if already not
paid.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
CKK
CT-MCK
