IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA W.P.Nos.50330 – 50333/2018 & 52299/2018 & 52300/2018 (KLR – CON) BETWEEN:
SRI G.MUNIRAJU S/O LATE GIDDAPPA, AGED ABOUT 66 YEARS R/AT NO.90, MUNISHWARA TEMPLE ROAD, 6TH B BLOCK, JAKKUR, BANGALORE-560064.
NGALORE-560 064 BY HIS GPA HOLDER SANJAY H. CHUGH ... PETITIONER [BY SMT.B.V.VIDYULATHA, ADV.] AND:
1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIKASA SOUDHA, BANGALORE-560 001 BY ITS SECRETARY.
2. DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, MYSORE DISTRICT MYSORE-570001.
3. TAHASILDHAR MYSORE TALUK, MYSORE DISTRICT-570001. …RESPONDENTS [BY SRI Y.D.HARSHA, AGA.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 TO FORMALLY ISSUE AN ORDER OF CONVERSION UNDER THE PROVISIONS OF SECTION 95 OF KARNATAKA LAND REVENUE ACT 1964 BY COLLECTING CONVERSION FINE AS REQUIRED UNDER SECTION 95(7) OF THE KARNATAKA LAND REVENUE ACT 1964 IN RESPECT OF THE SCHEDULE LANDS BELONGING TO THE PETITIONER.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate is permitted to accept notice on behalf of the respondents.
2. The petitioner is before this Court seeking a writ of mandamus, directing the respondent No.2 to issue an order of conversion under the provisions of Section 95 of the Karnataka Land Revenue Act, 1964 ['Act' for short] by collecting conversion fine as required under Section 95[7] of the Act in respect of the lands belonging to the petitioner, the details of which are as under:-
Survey No.58/2B measuring to an extent of 1 acre 35 guntas [1 acre 34 guntas 1 guntas kharab], Survey No.59/1B, with Khata No.D1, measuring 38 guntas, Survey No.59/1B, with Khata No.121, measuring 26
measuring 1 acre 17 guntas and Survey No.68/2 New No.68/8 measuring 31 guntas out of which 8 guntas of Kharab being used as cart road, all situated at Chikkahalli Village, Varuna Hobli, Mysore Taluk.
3. It is contended by the petitioner that the petitioner had applied for conversion of lands in question and the same are acknowledged. However, the respondents are not collecting the conversion fine as required under Section 95[7] of the Act, in furtherance of the deemed conversion of the lands under Section 95[5] of the Act.
4. Learned counsel Smt.B.V.Vidyulatha appearing for the petitioner would submit that the issue involved in these writ petitions is squarely covered by the order of this Court in W.P.Nos.12036-12039/2018 [DD on 10.10.2018] accordingly seeks to dispose of these petitions in terms of the said order.
5. Learned Additional Government Advocate appearing for the respondents does not dispute the same.
6. Having regard to the facts and circumstances of the case, it is apparent that the issue involved in regard to deeming provision under Section 95[5] of the Act vis-à-vis an endorsement issued by the Mysore Urban Development Authority, rejecting the request of the petitioner to change the land use from agriculture to non-agriculture purpose is no more res integra. The law in this regard is crystallized, upholding the deeming provision under Section 95[5] of the Act which contemplates that the permission for non- agricultural purpose shall be deemed to have been granted and the lands deemed to have been converted, where the Deputy Commissioner fails to inform the applicant of his decision on the application made under sub-section(2) of Section 95 within a period of four months from the date of receipt of the application.
7. In view of the aforesaid, the writ petitions are allowed. Permission for conversion shall be deemed to have been granted in the light of the provisions enumerated under Section 95[5] of the Act however, subject to the payment of necessary fees as contemplated under law.
Writ petitions stand disposed of accordingly.
Sd/- JUDGE NC.