IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.35929/2018(KLR-CON) BETWEEN MUSTAK AHMED S/O LATE D ABDUL RAZAK AGED ABOUT 45 YEARS R/O MANDLI, KASABHA HOBLI SHIVAMOGGA - 577 202. ... PETITIONER (BY SRI SHOWRI H R, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY MINISTRY OF RURAL DEVELOPMENT AND PANCHAYATHRAJ NO. 329-A, VIDHANA SOUDHA BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201.
3. THE TAHSILDHAR SHIVAMOGGA TALUK SHIVAMOGGA - 577 201. ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO PASS APPROPRIATE ORDER BY ALLOWING ANNEXURE-A APPLICATION DATED 04.05.2017 FILED BY THE PETITIONER AND CONVERT THE PETITIONER'S LAND IN SY.NO.233/4 OF MANDLI VILLAGE, KASABA HOBLI, SHIVAMOGGA TALUK, MEASURING 3.11 GUNTAS FROM AGRICULTURE TO NON-AGRICULTURAL RESIDENTIAL PURPOSE AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this proceedings, the petitioner is seeking mandamus to the second respondent – Deputy Commissioner, Shivamogga District, to pass appropriate order in allowing the application dated 04.05.2017 (Annexure ‘A’ to the petition) filed by the petitioner seeking conversion of his land measuring to an extent of 0-03.11 guntas in Sy. No.233/4 situate at Mandli village, kasaba hobli, Shivamogga Taluk, from agricultural to non-agricultural purpose.
2. Learned counsel for the petitioner submitted that respondent No.3 – Tahasildar is unnecessarily creating problem in considering the application of the petitioner for conversion of his land. It is in this background that this Court by its order dated 01.04.2019 issued bailable warrant to secure the presence of Tahasildar before this Court along with the file pertaining to the land bearing Sy. No.233/4 of the said Mandli village.
3. Heard the learned counsel for the petitioner, learned Additional Government Advocate for respondent Nos.1 to 3. Perused the material on record.
4. Today, Sri Girish B.N., Tahasildar of Shivamogga, is present before this Court along with the original file. He would bring to the notice of this Court that on application filed by the petitioner, inspection of the land was conducted and at that time, it was found that there was no vacant land in existence in Sy. No.233/4 and in the said land, the petitioner had already put up building consisting of ground plus two floors. It is in this background, his application for conversion of land was not considered. However, when Annexure ‘E’, communication dated 21.08.2017 issued by Tahasildar, to the Deputy Commissioner is seen, it discloses that the application of the petitioner was rejected for non-production of 11E sketch, phodi proceedings and mutation records.
5. At this juncture, Sri B.N. Girish, Tahasildar, would submit that the prayer of the petitioner for conversion of land from agricultural to non-agricultural purpose cannot be considered as the said land has already been utilized for construction of a building thereon. Therefore, the only option that is available to the petitioner is to approach the Deputy Commissioner seeking regularization of the construction, which is already put up by him on the said land.
6. Learned Additional Government Advocate, Sri Venkatesh Dodderi, appearing for respondents would submit that if an application is submitted by the petitioner under Section 98 of the Karnataka Land Revenue Act, 1964, seeking regularization of construction put up by him illegally, the same will be considered in accordance with law and on terms to be imposed by the Deputy Commissioner.
7. By placing the aforesaid submission of the learned Additional Government Advocate on record, this Writ Petition is disposed of by reserving liberty to the petitioner to approach the second respondent – Deputy Commissioner, Shivamogga District, seeking regularization of unauthorized construction put up by him in 0-3.11 guntas of land in Sy. No.233/4 situate at Mandli village, kasaba hobli, Shivamogga Taluk. While giving such relief to the petitioner to make necessary application, the second respondent - Deputy Commissioner is directed to consider his application in accordance with law and pass appropriate orders within two months from the date of filing of such application by the petitioner along with certified copy of this order.
8. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma