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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.16149 OF 2017 (GM-MM-S) BETWEEN:
M/S. V.G.S. STONE CRUSHERS A PARTNERSHIP FIRM REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932, REP. BY MR.B.M. SUNIL KUMAR, S/O. B.MUNIYAPPA, AGED 28 YEARS, RESIDENT OF BIDARHALLI, VIRGO NAGAR POST, BENGALURU-560 049 (BY SRI R.G.KOLLE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPTD. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU, BENGALURU – 560 001.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU, BENGALURU – 560 001 3. THE CHAIRMAN LICENSING AUTHORITY & THE DEPUTY COMMISSIONER, CHIKKABALLAPUR, DISTRICT STONE CRUSHER REGULATION COMMITTEE, ... PETITIONER - 2 -
CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR – 562 101 4. THE MEMBER SECRETARY & SENIOR GEOLOGIST, DEPARTMENT OF MINES & GEOLOGY, OFFICE OF THE SENIOR GELOGIST, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR – 562 101 5. THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR – 562 101 (BY SRI VIKRAM HUILGOL, HCGP) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-5 COMMISSIONER TO ISSUE APPROPRIATE ORDERS OF DEEMED NA CONVERSION IN RESPECT OF AN AREA OF 02.30 ACRES IN PATTA LAND BEARING SY.NO.36/1 IN KANIVENARAYANAPURA VILLAGE OF CHIKKABALLAPUR TALUKA AS PER PETITIONER’S LETER FILED UNDER SAKAL DTD:1.6.2016 PRODUCED AT ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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, - 3 -
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 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.
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Learned counsel for the petitioner submits that in compliance with the provisions contained in Sections 95(5) and 95(9) of the Karnataka Land Revenue Act, the petitioner has approached the respondent Nos.3 and 4 for issue of appropriate order of Deemed NA Conversion on making payment of conversion fine, which has not been considered so far.
Having regard to the submissions made, this petition is also allowed in terms of the aforesaid order dated 20.03.2017, 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 DR