IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.40958 OF 2019 (GM-MM-S) BETWEEN:
1. SRI GANGAPPA S/O. NINGAPPA BOODI AGED ABOUT 70 YEARS OCC: AGRICULTURIST R/O. ANNEGUDDI VILLAGE RAMDURGA TALUK BELAGAVI DISTRICT 2. SRI SHIDDALINGAPPA S.O. GANGAPPA BOODI AGED ABOUT 40 YEARS OCC: AGRICULTURIST R/O. ANNEGUDDI VILLAGE RAMADURGA TALUK BELAGAVI DISTRICT 3. SRI BHIMANNA S/O. GANGAPPA BOODI AGED ABOUT 32 YEARS OCC: BUSINESS R/O. ANEGUDDI TAMDURGA TALUK BELAGAVI DISTRICT …PETITIONERS (BY SRI S.Y. SHIVALLI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIKAS SOUDHA BENGALURU – 560 001 2. THE DEPUTY COMMISSIONER BELAGAVI BELAGAVI DISTRICT – 590 001 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY APMC ROAD SANGAMESHWARA NAGARA BELAGAVI – 590 001 ...RESPONDENTS (BY SRI Y.H. VIJAY KUMAR PRL.G.A, ADCOVATE FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE APPLICATION DATED 20.05.2017, MADE BY THE PETITIONERS FOR DEEMED CONVERSION (ANNEXURE- B) FROM AGRICULTURAL PURPOSE TO NON AGRICULTURAL PURPOSE U/S 95 (9) OF KARNATAKA LAND REVENUE ACT IN VIEW OF REPORT DATED 17.07.2018 OF THE TAHSILDAR RAMDURGA (ANNEXURE- F) AND RECOMMENDATION REPORTS DATED 14.01.2019 AND 12.02.2019 (ANNEXURE-H&J), FURTHER DIRECT THE REVENUE AUTHORITIES TO COLLECT THE NECESSARY CONVERSION CHARGES AS IT EXISTED AS ON DATE OF THE DEEMED CONVERSION AND DIRECT THE RESPONDENT NO.3 TO ISSUE QUARRYING LICENSE AS PER THE PROVISIONS OF KARNATAKA MINER MINERAL CONCESSION RULES 1994 (AMENDED 2016) IN FAVOUR OF THE PETITIONER NO.3 FOR EXTRACTING ORDINARY BUILDING STONE IN THE LAND BEARING SY.NO.183/1 MEASURING 5 ACRES OUT OF 9 ACRES 38 GUNTAS OF ANNEGUDI VILLAGE, RAMADURGA TALUK, BELAGAVI DISTRICT WITHIN A TIME FRAME THAT MAY BE STIPULATED BY THIS HON’BLE COURT (ANNEXURE-D).
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioners and the learned AGA appearing for the respondents.
2. This petition will be governed by the judgment rendered on 21st November 2019 passed by a Division Bench in W.P. No.35133 of 2019.
3. Accordingly, we pass the following order:
(i) We direct the Deputy Commissioner (2nd respondent) to communicate the amount of fine payable for conversion in accordance with Rule 107 of the Karnataka Land Revenue Rules, 1966 to the petitioner within a period of three weeks from today;
(ii) On payment of fine, as may be specified by the 2nd respondent, the deemed conversion in respect of the schedule land as prayed for in Application dated 20th May 2017 shall be deemed to have been granted to the petitioner under the provisions of sub-Section (9) of Section 95 of the Karnataka Land Revenue Act, 1964;
(iii) The observations made in the judgment and order dated 21st November 2019 shall also apply in this case;
(iv) The petition is accordingly disposed of in the above terms.
Sd/- CHIEF JUSTICE Sd/- JUDGE VK