IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.36599 OF 2019 (GM-MM-S) BETWEEN:
H.T. LOKESH S/O THIMME GOUDA, AGED ABOUT 42 YEARS, HARALA HALLI VILLAGE, K.R. PETE TALUKA-571 426 MANDYA DISTRICT …PETITIONER (BY SRI T.G.KOLLE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHAN SOUDHA, BENGALURU BENGALURU – 560 001 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF COMMERCE & INDUSTRICE, VIDHAN SOUDHA, BENGALURU BENGALURU – 560 001 3. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY, DEPARTMENT OF MINES & GEOLOGY MANDYA – 571 401 4. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, BENGALURU – 560 001 5. THE DEPUTY COMMISSIONER, MANDYA DISTRICT, DC OFFICE COMPOUND MANDYA – 571 401 ...RESPONDENTS (BY SRI Y.H.VIJAY KUMAR PRL. GA FOR R-1 TO R-5) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R5 DEPUTY COMMISSIONER TO ISSUE APPROPRIATE ORDERS OF DEEMED NA CONVERSION OVER AN AREA OF 2.13 ACRES IN PRIVATE PATTA LAND AT SY. NO.32/1, 32/2, 32/4 & 32/5 OF BOMMANAYAKANA HALLY VILLAGE, K.R. PETE TALUK, MANDYA DIST. PURSUANT TO A GRANT NOTIFICATION DT 23.01.2018 ISSUED BY R3 SENIOR GEOLOGIST VIDE PETITIONER’S LETTER DT.25.07.2019 PRODUCED AT ANNEXURE-C & A RESPECTIVELY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
In the morning session the learned counsel appearing for the petitioner was heard. We have also heard the learned AGA appearing for the respondents.
2. The dispute raised in this petition will be governed by the judgment rendered on 21st November 2019 passed by the Division Bench in W.P. No.35133 of 2019.
3. In the facts of the case, the petitioner claims that he has already deposited the conversion fine amount.
4. Accordingly, we pass the following order:
(i) We direct the Deputy Commissioner (5th respondent) to verify whether the petitioner has paid the entire conversion fine amount in accordance with Rule 107 of the Karnataka Land Revenue Rules, 1966. If he has paid the entire amount payable as conversion fine amount, deemed conversion under the provisions of sub- Section (9) of Section 95 of the Karnataka Land Revenue Act, 1964 will apply and a permission is deemed to have been granted to the petitioner under the provisions of sub-Section (9) of Section 95 of the Karnataka Land Revenue Act, 1964;
(ii) In case there is any short fall in the conversion fine amount, the Deputy Commissioner shall convey the amount payable by the petitioner within a period of three weeks from today. If the amount is paid by the petitioner within a period of two months from the date of communication received by him, the conversion shall be deemed to have been granted from the date of payment in accordance with the provisions of sub-Section (9) of Section 95 of the Karnataka Land Revenue Act, 1964;
(iii) The petition is accordingly disposed of in the above terms.
Sd/- CHIEF JUSTICE Sd/- JUDGE VK