IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA W.P.NO.23653/2018(KLR-CON) BETWEEN K MUNIYAPPA S/O KEMPANNA, AGED ABOUT 40 YEARS R/AT KOTHANURU VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT-562101. ... PETITIONER (BY SRI ROOPESHA B, ADVOCATE) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560001.
REP. BY ITS PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA-562101. ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE PETITION PROPERTY AS DULY CONVERTED AS PER THE PROVISION OF SECTION 95(5) OF THE KARNATAKA LAND REVENUE ACT, 1964 OR IN THE ALTERNATIVE DIRECT THE 2ND RESPONDENT TO CONSIDER THE APPLICATION OF THE PETITIONER VIDE ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner herein is seeking declaration to an extent of 03 acres 11 guntas in Sy.No.81/4 of Kothanur village, Nandi Hobli, Chikkaballapura Taluk and District which according to him is deemed to be converted from agricultural to non-agricultural purpose for the reason that the application filed by him on 13.07.2017 not being considered within the time stipulated, the same is deemed to be converted in the light of Section 95(5) of the Karnataka Land Revenue Act, 1964. Alternatively, he has also sought for a writ of mandamus in directing respondent No.2 to consider his application dated 13.07.2017 for conversion of the aforesaid land from agricultural to non-agricultural residential use.
2. In this background, this Court by order dated 04.07.2019 had directed the presence of Deputy Commissioner, Chikkaballapur, before this Court. In response to that Sri Anirudh Shravan P., Deputy Commissioner of Chikkaballapur is present before the Court. He would also file a copy of the Official Memorandum dated 13.12.2018 in proceedings No.ALM(CHI)SR63/2017-18 in granting conversion of 03 acres 11 guntas of land in Sy.No.81/4 of Kothanur village, Nandi Hobli, Chikkaballapura Taluk and District. The said copy of the Official Memorandum along with the letter of said the Deputy Commissioner to the Registrar General of this Court is taken on record.
3. With this it is seen that the prayer of the petitioner is already complied by the official way back in December, 2018. In that view of the matter, this writ petition does not survive for consideration. Accordingly, disposed of.
4. Though this writ petition is disposed of on merits, the file is kept pending to enquire into the manner in which the application of the petitioner is considered. When the copy of the Official Memorandum issued for conversion dated 13.12.2018 which is produced by the Office of the Deputy Commissioner, Chikkaballapur, is seen, at the bottom there is an endorsement by one K.Muniyappa in receiving the said copy on 13.12.2018 itself.
5. However, the learned counsel for the petitioner would submit that the signature seen on the copy of Official Memorandum dated 13.12.2018 is not that of his client. According to him, his client would affix his signature in English. Therefore, when the vakalath executed by the petitioner is looked into, it would clearly indicate that the petitioner would affix his signature in English.
6. With this, what is seen is that, the Office of the Deputy Commissioner, Chikkaballapur, did not process the application for conversion immediately. But, when this Court passed orders for issuance of Bailable Warrant against the Deputy Commissioner of Chikkaballapur on 4.7.2019, thereafter this order is produced before this Court on 10.7.2019 as if conversion was considered on 13.12.2018. In fact, to impress upon this Court they also tried to show that copy is received by the petitioner on 13.12.2018 itself, however the said endorsement is fraudulent one. Therefore, in the fact situation, it is clear that there is an attempt to hoodwink this Court to demonstrate as if order for conversion was considered long back, that the same was also conveyed to the petitioner and he has not informed the same to this Court.
7. In this background, the Deputy Commissioner of Chikkaballapur is hereby directed to investigate into the matter, to find out the Officer concerned who is dealing with this file, also to ascertain as to the manner in which the fraudulent endorsement is made on the copy of Official Memorandum filed before this Court, thereafter to take appropriate action against the guilty Officer within 15 days from the date of receipt of a copy of this order.
8. The action taken on guilty officer should be reported to this Court within six weeks. As and when such report is filed, the same shall be placed before this Court.
Sd/- JUDGE TL