IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No. 34969/2018 & WRIT PETITION No.37021/2018 (LA-UDA) BETWEEN:
Sri. Ananda Kumar.H. S/o Sri.Hombegowda, Aged about 42 years, Residing at No.207, 2nd Cross, II Stage, KIADB Layout, Vijayanagar, Hebbal, Mysuru-560001 (By Sri Sangamesh.R.B, Advocate) AND 1. State of Karnataka Department of Urban Development, M.S.Building, Dr.Ambedkar Veedhi, Bengaluru-560001.
By its Secretary.
... Petitioner 2. Mysuru Urban Development Authority, By its Commissioner, JLB Road, Mysuru-570005.
3. Special Land Acquisition Officer, Office of Mysuru Urban Development Authority, JLB Road, Mysuru-570005.
4. The Deputy Commissioner, Mysuru District, Mysuru-570005. ... Respondents ( By Sri Dildar Shiralli, HCGP for R1 and 4; Sri.H.C.Shivaramu, Advocate for R2 and 3) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to declare that the preliminary notification dated 6.10.1997 in respect of schedule land as lapsed (Annexure-A). Direct the R-4 to consider the schedule lands for conversion as per application dated 20.6.2017 for use of residential purpose from agricultural purposes (Annexure-A) and etc.
These Writ Petitions coming on for Orders this day, the court made the following:-
ORDER The short grievance of the petitioner is against the Endorsements dated 23/07/2018 and 17/08/2017 to the extent arguably the same came in the way of the petitioner getting his land converted to non agricultural purpose, the other articulated prayers made in the prayer column, notwithstanding.
2. Learned Senior Panel Counsel having appeared for respondent Nos.2 & 3 and also the learned High Court Government Pleader, Sri Dildar Shiralli appearing for respondent Nos.1 & 4 together submit that although the petition land had figured in the preliminary notifications, the same remains with the land owner there being no Final Notification and the award passed as yet.
3. On the basis of the said stand of these respondents, now the petitioner submits that the second prayer of the Writ Petition needs to be granted inasmuch as there is no cloud/clog on the petitioners’ title to the scheduled land and therefore, his claim for conversion thereof to the non-agricultural purpose needs to be considered by the jurisdictional respondent. There is force in this submission.
4. In the above circumstances, these petitions succeed; a Writ of Mandamus issues the respondent No.4 to consider petitioner’s application dated 20/06/2017 at Annexure-C, for conversion of the scheduled land to non- agricultural purpose in accordance with law, within a period of three months, and further inform the petitioner the result of such consideration, forthwith.
It is open to the petitioner to produce other documents or furnish any other information as solicited by respondent No.4 that would be for the due consideration of the application at Annexure-C.
No costs.
Sd/- JUDGE DS/-