IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.24693/2019 (KLR-CON) BETWEEN:
SRI. H. PADMAGOWDA D/O KUKKAPPA GOWDA BAGAMANDALA VILALGE AND POST, MADIKERE TALUK KODAGU DISTRICT.
(BY SRI. KARUNAKARA P, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA BENGALURU – 560 001.
2 . THE DEPUTY COMMISSIONER KODAGU DISTRICT COORG DISTRICT – 571 201.
3 . THE TAHASILDHAR MANGALURU TALUK, VIRAJPET VIRAJPET TALUK 571 218.
(BY SRI. Y.D. HARSHA, AGA) ...PETITIONER …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE CONDITION NO.7 AT CONVERSION ORDER DATED:20.08.1999 IN CONVERSION NO.68/1999-2000 VIDE ANNX-A1 ISSUED BY R-2.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is seeking for the following reliefs: “(a) To quash or set aside the condition No.7 at conversion order dated 20/08/1999 in Conversion No.68/1999-2000 at Annexure A1 issued by Respondent No.2.
(b) Direct the respondents to consider the representation and to pass appropriate order on the representation made by the petitioner.”
2. Grievance of the petitioner is that she had obtained conversion of agricultural land bearing Sy.No.26/2 measuring 1.45 acres situated at Bhagamandala village, Madikeri into commercial purposes vide order dated 20.08.1999 (Annexure- A1) whereunder, a condition had been stipulated that within 2 years, said order of conversion will have to be implemented or given effect to by the applicant and on account of certain disputes having arisen in respect of said land, conversion order issued in favour of petitioner could not be made use of and on litigation came to an end, a representation came to be submitted on 18.03.2019 requesting second respondent for renewal of the order of conversion granted. Learned Advocate appearing for petitioner would also rely upon the communication dated 28.02.2019 issued by the Director of Revenue Department to all the Deputy Commissioners in the State whereunder they have been intimated that wherever permission for conversion had been granted prior to 01.03.2018, applications seeking renewal have to be considered and where permission of conversion had been granted after 01.03.2018, applicants seeking renewal have to submit their application through on-line. Hence, he prays for quashing condition imposed namely condition No.7 under the conversion order dated 20.08.1999 (Annexure-A1).
3. Per contra, learned AGA appearing for respondents would contend that petitioner is at liberty to file an application online seeking renewal of conversion order since circular is clear that lands which came to be converted prior to 01.03.2018 can be renewed if an application is filed. Hence, he prays for suitable orders being passed.
4. Having regard to aforestated facts and contentions raised, it would emerge from communication dated 28.02.2019 – Annexure-D that where conversion orders having been passed prior to 01.03.2018, under which, conditions relating to utilizing the land so converted within a stipulated period had been imposed can be renewed subject to applicant forwarding his/her application through online for which, suitable steps have been taken in the software developed by the appropriate Government namely, Department of Revenue, liberty can be granted to petitioner to file such application.
Hence, liberty is granted to petitioner to submit her application online to the second respondent for extending the period imposed under the order of conversion dated 20.08.1999 (Annexure-A1) and in the event of such application being filed through online, same shall be processed by second respondent expeditiously and at any rate, within a period of two months from the date of receipt of such application and outcome of same shall be intimated to the petitioner.
Ordered accordingly.
SD/- JUDGE *sp