IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.25076/2017 (KLR-CON) BETWEEN SRI. SHIVARAMAIAH S/O HANUMAIAH, AGED ABOUT 65 YEARS, R/AT SHIVANAPURA COLONY, DASANAPURA HOBLI, BANGALORE NORTH TALUK ... PETITIONER (BY SRI NATARAJ R, ADVOCATE) AND :
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE VIKAS SOUDHA, BANGALORE-560 001 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT-560 010 ... RESPONDENTS (BY SRI T.S.MAHANTESH, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT No.2 TO EFFECT PHODI OF THE SCHEDULE LAND AND TO CONVERT THE SCHEDULE LAND FROM AGRICULTURAL TO NON-AGRICULTRAL RESIDENTIAL LAND USE BY RELEASING THE OFFICIAL MEMORANDUM DECLARING THAT THE SCHEDULE LAND IS CONVERTED FOR NON- AGRICULTURAL RESIDENTIAL USE AS PRESCRIBED UNDER SECTION 95 OF THE KARNATAKA LAND REVENUE ACT, 1964.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is filed seeking direction to the second respondent – Deputy Commissioner, Bangalore District, to effect phodi of the petition schedule land i.e., land measuring to an extent of 01 acre 14 guntas in Sy. No.116 situate at Shivapura, Dasanapura hobli, Bengaluru North Taluk, and convert the same from agricultural to non-agricultural purpose i.e., residential purpose.
2. Heard the learned counsel for the petitioner.
Perused the material on record.
3. Today, learned Additional Government Advocate files a memo along with copy of the official memorandum dated 10.04.2019 issued in proceedings No.ALN(NDH).SR/63/2006-07 by the Deputy Commissioner, Bengaluru District, wherein it is stated that the land measuring to an extent of 01 Acre 14 guntas in Sy. No.116 situate at Shivanapura village, Dasanapura hobli, Bengaluru North Taluk, Bengaluru District, has been converted from agricultural to residential use.
4. The said memo and copy of official memorandum dated 10.04.2019 are taken on record.
5. In that view of the matter, the present writ petition having served the purpose does not survive for further consideration. Accordingly, same is disposed of.
6. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma