THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF APRIL, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.430 OF 2012(KLR-RES) BETWEEN:
SRI S.N.BOREGOWDA S/O NANJUNDEGOWDA, AGED ABOUT 33 YEARS, R/AT SHAMBONAHALLI, PANDAVAPURA TALUK, MANDYA DISTRICT. ... PETITIONER (BY SRI V.SRINIVAS, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 01.
2. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA.
3. THE TAHSILDAR PANDAVAPURA TALUK, PANDAVAPURA.
4. THE AUDITOR GENERAL OF KARNATAKA INFANTRY ROAD, BENGALURU. ... RESPONDENTS (BY SRI T.S.MAHANTHESH, AGA) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN NOTICE NO.MALEPA/01/2010- 2011 AND SET ASIDE THE NOTICE DATED 8.7.2011 VIDE ANNEXURE-C TO THE WRIT PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner seeks to question the conversion notice dated 08.07.2011, vide Annexure-C, that the demand made by the respondents with regard to the payment of conversion fee. The amount claimed is a sum of Rs.56,918/- (Rupees Fifty Six Thousand Nine Hundred and Eighteen Only).
2. The learned counsel for the petitioner submits that what is due is only a sum of Rs.49,000/- (Rupees Forty Nine Thousand Only). That the same is the balance amount for conversion.
3. The learned Government Advocate submits that he has consulted the Law Officer of the Deputy Commissioner Office. That it would appear that the amount claimed by the petitioner at Rs.49,000/- would appear to be just, reasonable and in accordance with law. Hence, the respondents are liable to pay a total sum of Rs.49,000/-.
5. The learned counsel for the petitioner submits that out of Rs.49,000/- that was due, a sum of Rs.28,459/- (Rupees Twenty Eight Thousand Four Hundred and Fifty Nine Only) is already deposited with the respondent – Tahsildar on 31.01.2012. Therefore, the balance would be Rs.20,541/- (Rupees Twenty Thousand Five Hundred and Forty One Only). The same shall be deposited before the respondent – Tahsildar no.3, within a period of one week from today.
Consequently, the writ petition is disposed off.
Respondent no.3 – Tahsildar to report compliance of the same.
SD/- JUDGE JJ