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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.23345 OF 2018 (GM-MM-S) BETWEEN:
SRI SHIVANAND S/O ISHWARAPPA MAMADAPUR AGED MAJOR OCC: BUSINESS R/O.I30, NISHIGANDA PARK VINAYAKA NAGAR BELGAUM – 591 108.
... PETITIONER (BY SRI S.Y. SHIVALLI, ADVOCATE) AND:
1. STATE OF KARNATAKA REPTD. BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA BENGALURU – 560 001.
2. THE COMMISSIONER DEPT. OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001.
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3. THE DEPUTY DIRECTOR DEPT. OF MINES AND GEOLOGY APMC ROAD, SANGAMESHWARA NAGARA BELAGAVI – 590 001.
4. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT STONE CRUSHERS REGULATION COMMITTEE REVENUE DEPARTMENT BELAGAVI – 590 001.
5. THE TAHSILDAR SAVADATTI TALUK BELAGAVI DISTRICT – 591 126.
...RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THERE IS A DEEMED APPROVAL FOR CONVERSION OF SCHEDULE PROPERTY FROM AGRICULTURAL PURPOSE TO NON-AGRICULTURAL PURPOSE UNDER SECTION 95(9) OF KARNATAKA LAND REVENUE ACT AND FURTHER DIRECT THE REVENUE AUTHORITIES TO COLLECT THE NECESSARY CONVERSION CHARGES AS IT EXISTED AS ON DATE OF THE DEEMED CONVERSION AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER Learned counsel for the petitioner submits that petitions of similar nature, including W.P.No.11780/2017, have been considered and allowed by this Court. Hence, he seeks for the present writ petition being allowed on similar terms. The order dated 20.03.2017 passed in the said writ petition has been placed before us for perusal, which reads as under:
“The Karnataka Land Revenue Act has been amended by insertion of sub-Section (9) to Section 95 of the Karnataka Land Revenue Act, 1964, with effect from January 8, 2015. It contemplates that, where an application for conversion is made for the purpose of quarrying minor minerals, whether specified or non- specified, the owner must apply along with the fine applicable to the Deputy Commissioner, for conversion of such land. On such application, the permission for diversion of such land shall be deemed to have been granted subject to obtaining lease or licence or working permission.
2. In this case, the request was made on August 17, 2016. Mr.R.G.Kolle, learned advocate for the writ petitioner submits that fine has been deposited and the writ petitioner has the necessary permission.
3. Hence, under the provisions of the sub-Section (9) of Section 95 of the said Act, the permission is deemed to have been granted in favour of the writ petitioner, subject to - 4 -
obtaining lease or licence or working permission of patta land.
4. Therefore, the writ petition is allowed by recording that the permission for conversion is deemed to have been granted in favour of the writ petitioner.
5. We make no order as to costs.”
Learned High Court Government Pleader appearing for the respondents does not dispute the position that the subject matter of this petition stands covered by the order aforesaid, but submits that such deeming provision in favour of the petitioner is always subject to deposit of the amount of fine.
Learned counsel for the petitioner submits that the respondent authorities have unnecessarily prolonged/ postponed issuing of conversion order and they have also not permitted him to pay the fine amount, but on the other hand, they have issued an endorsement stating that the petitioner has not produced 11E Map in support of his claim i.e., to obtain conversion order.
Having regard to the submissions made, this petition is also allowed in terms of the aforesaid order dated 20.03.2017, - 5 -
subject to the condition that the petitioner shall deposit the amount of fine, if any due, within four weeks from today.
It is made clear that in event of petitioner not depositing amount of fine as ordered hereinabove, this order shall not operate in his favour.
Sd/- CHIEF JUSTICE Sd/- JUDGE ca