IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANASWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITIONS No.53151-152/2018 (GM-MM-S) BETWEEN:
1. M/s.Rama Stone Crusher Represented by its Proprietor Smt. B.M.Sudha w/o C.Suresh Aged about 50 years Having its office at Sy.No.105/P3-P2, Gananguru Village, Srirangapattana Taluk, Mandya District – 571438.
2. Smt.K.S.Mamatha W/o A.K.Dinesh Aged about 49 years Residing at Valagarahalli Village, Kasaba Hobli, Maddur Taluk, Mandya District – 571438.
... PETITIONERS (By Sri.B.S.Prakash, Advocate) AND:
1. State of Karnataka Represented by its Chief Secretary Vidhana Soudha, Bangalore – 560 001.
2. The Deputy Commissioner and Chairman District Stone Crushers Regulation Committee Revenue Department, Mandya – 571438.
3. The Commissioner and Director Department of Mines and Geology Khanija Bhavan, Race Course Road, Bangalore – 560 001.
4. The Deputy Commissioner Mandya District Mandya – 571438.
5. The Tahsildar Srirangapattana Taluk Srirangapattana – 571438.
... RESPONDENTS (By Sri. A.M. Suresh Reddy, AGA) *** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to direct Respondent No.4 to issue appropriate order of deemed NA conversion in respect of lands bearing Sy.No.105/P3-P2 over an extent of 3 Acres of Gananguru Village, Srirangapattna Taluk, Mandya District, as per application/letter dated 25.10.2018 produced at Annexure-G to the writ petition which is owned by the petitioner & Etc., These Writ Petitions coming on for Preliminary Hearing this day, P.S.DINESH KUMAR. J, made the following:-
ORDER Heard.
2. Sri.B.S.Prakash, learned advocate appearing for petitioners and Sri.A.M.Suresh Reddy, learned AGA appearing for Respondents-State jointly submit that the subject matter of these writ petitions are covered by a decision of this Court rendered in W.P.No.56697/2017 decided on 06.12.2018.
3. Their submission is placed on record.
4. Accordingly, these writ petitions are disposed of in terms of the decision rendered by this Court in WP No.56697/2017. The said writ petition has been disposed of following the order in WP No.11780/2017 which reads as follows:
“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 August 17, 2016. Mr.R.G.Kolle, learned advocate for the writ petitioner submits that fine has been deposited and the writ petitioner has the necessary permission.
3. Hence, under the provisions of the 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 petition is allowed by recording that the permission for conversion is deemed to have been granted in favour of the writ petitioner.
5. We make no order as to costs.”
5. It is further directed that, if petitioners make a request for issuance of a challan for making payment, the same shall be issued within two weeks of making such representation.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Srl.