IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE BUDIHAL R.B. WRIT PETITION NOS.1723-1725 OF 2017 (GM-MMS) BETWEEN Hanumanthappa Sangappa Hoolageri Since deceased, represented by Legal Representative – Undivided Family Manager Praveen Hanumanthappa Hoolageri S/o Hanumanthappa Sangappa Hoolageri Aged about 27 years, Ward No.7, R/o Alampurpet Ilkal-587 125.
Hungund Taluka Bagalkot District. .. PETITIONER (By Sri R G Kolle, Adv.) AND 1. State of Karnataka Represented by Chief Secretary Vidhana Soudha Bengaluru-560 001.
2. The Secretary to Government Department of Commerce and Industries Vikasa Soudha Bengaluru-560 001.
3. The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bengaluru-560 001.
4. The Deputy Commissioner Bagalkot District Bagalkot-587 102.
5. The Tahsildar Hungund Taluka Bagalkot-587 102. .. RESPONDENTS (By Sri V G Bhanuprakash, AGA ) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct R-4 to issue appropriate orders of deemed NA Conversion in respect of patta land bearing Sy.No.13/3C, 13/5A and 14/6 of Hanumanal (ST) Village, Hungund Taluka, Bagalkot District over an area of 02- 20-00 (A-G-A) as per petitioner’s application dated 14.01.2011 at Annex-A and etc.
These Writ Petitions coming on for Preliminary Hearing this day, THE CHIEF JUSTICE made the following:
ORDER 1. The Karnataka Land Revenue Act has been amended by insertion of sub-Section (9) to Section 95 of the Karnataka Land Revenue Act, 1964, with effect from January 8, 2015. It contemplates that, where an application for conversion is made for the purpose of quarrying minor minerals, whether specified or non-specified, the owner must apply along with the fine applicable to the Deputy Commissioner, for conversion of such land. On such application, the permission for diversion of such land shall be deemed to have been granted subject to obtaining lease or licence or working permission.
2. In this case, the request was made on January 14, 2011.
Mr.R.G.Kolle, learned advocate for the petitioner submits that fine has been deposited and the petitioner has the necessary permission.
3. Hence, under the provisions of sub-section (9) of Section 95 of the said Act, the permission is deemed to have been granted in favour of the writ petitioner, subject to obtaining lease or licence or working permission of patta land.
4. Therefore, the writ petitions are allowed by recording that the permission for conversion is deemed to have been granted in favour of the petitioner.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkp