IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.36263/2019 (KLR-CON) BETWEEN:
H.T. LOKESH S/O THIMMEGOWDA AGED ABOUT 38 YEARS HARALAHALLI VILLAGE SHELANERE HOBLI K.R. PET TALUK MANDYA DISTRICT - 571 426.
(BY SRI. PUTTE GOWDA K, ADVOCATE) AND:
DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 401.
(BY SRI. Y.D. HARSHA, AGA) ... PETITIONER ... RESPONDENT THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPNODENT HEREIN TO CONSIDER AND GRANT CONVERSION IN TERMS OF THE APPLICATION FILED BY THE PETITONER ON 11.02.2019 (UNDER ANNX-J TO THE W.P.) FORTHWITH AND GRANT ALL CONSEQUENTIAL BENEFITS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for preliminary hearing by consent of learned Advocates appearing for parties it is taken up for final disposal.
2. Heard Sri. Putte Gowda K, learned Advocate appearing for petitioner and Sri. Y.D. Harsha, learned Government Advocate appearing for respondents.
3. Petitioner who claims to be the owner of land measuring 1 Acre situated at Sy.No.54/2 of Sadagonahalli village, Kasaba Hobli, K.R. Pet, Mandya District, applied for conversion of said land before respondent from agricultural to residential purposes by submitting an application under Section 95(2) of the Karnataka Land Revenue Act,1964 vide Annexure-J. Subsequently, Deputy Commissioner by communication dated 14.03.2019 has addressed a letter to Assistant Director of Rural and Town Planning, Mandya District, for furnishing technical opinion, who in turn has given clearance by his report dated 10.05.2011-Annexure-K. Petitioner is also stated to have submitted all relevant documents, NOC’s for grant of conversion. Yet, respondent having not considered said application, petitioner is before this Court.
4. Though application has been filed on 11.02.2019 and petitioners are claiming that on completion of 120 days there is deemed approval, at the stage of admission, no opinion can be expressed by this Court with regard to application being submitted by petitioner is in compliance of Section 95(2) of the Act or it is not without any defects. As such, this Court is of the considered view that ends of justice would be met if respondent is directed to consider said application filed by petitioner on merits and pass orders. Accordingly, a writ of mandamus is issued to respondent to dispose of application filed by petitioner on 11.02.2019 vide Annexure-J, expeditiously and at any rate within an outer limit of four (4) weeks from the date of receipt of the copy of this order.
SD/- JUDGE RU