Karnataka High Court
Sri B M Seetharam Since Deceased By Lrs vs The Deputy Commissioner on 3 July, 2014
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 3RD DAY OF JULY, 2014
BEFORE
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT PETITION NO.5373/2014 (KLR-CON)
BETWEEN:
SRI B M SEETHARAM,
SINCE DECEASED BY LRS
(a) SMT LEELAMBA
W/O LATE B M SEETHARAM
AGED ABOUT 66 YEARS
(NOT CLAIMING THE BENEFIT
OF SENIOR CITIZEN)
(b) SRI S L N MURTHY
S/O LATE B M SEETHARAM
AGED ABOUT 46 YEARS
(c) SRI M S MURALI
S/O LATE B M SEETHARAM
AGED ABOUT 41 YEARS
ALL ARE R/AT NO.220
10TH MAIN, 1ST CROSS
BEHIND KUVEMPU HIGH SCHOOL
SARASWATHIPURAM
MYSORE-570 009
... PETITIONERS
(BY SRI: SHANKARANARAYANA BHAT.N, ADV.)
AND:
THE DEPUTY COMMISSIONER
MYSORE DISTRICT, MYSORE-570001
... RESPONDENT
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(BY SRI: KIRAN KUMAR, AGA)
*****
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RELEVANT RECORDS DIRECT THE RESPONDENT TO ISSUE
CONVERSION CERTIFICATE BY COLLECTING CONVERSION
FEE AND OTHER CHARGES IN RESPECT OF SURVEY
NO.177/P5/P2 [NEW SURVEY NO.275] MEASURING AN
EXTENT OF 4 ACRE OF K. HEMANAHALLI VILLAGE,
MYSORE TALUK, PURSUANT TO THE ORDER OF THE
KARNATAKA APPELLATE TRIBUNAL, BANGALORE IN
APPEAL NO.1194/2007, DATED 21.4.2012 VIDE ANN-A.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, COURT MADE THE FOLLOWING:-
ORDER
Petitioner has sought a direction to the respondent to issue conversion certificate by collecting conversion fee and other charges in respect of the land in Sy.No.177/P5/p2 (New Survey No.275) measuring 4 Acres of K.Hemanahalli Village, Mysore Taluk and District, pursuant to order of the Karnataka Appellate Tribunal, Bangalore, in Appeal No.1194/2007 dated 21/4/2012 (Annexure "A").
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2. Briefly stated, the facts are that by order at Annexure "A", the Tribunal held that the petitioner was entitled for the benefit of deemed conversion under Section 95 of the Karnataka Appellate Tribunal Act, 1964 and the respondent herein was directed to issue conversion certificate by collecting the conversion fee and other charges from the appellant in accordance with law, in respect of the land in question. That judgment was passed on 21/04/2012. As the respondent did not take any steps to comply with the aforesaid judgment, the petitioners had filed W.P.No.17575/2013 seeking a direction similar to the one sought in this writ petition. By order dated 27/05/2013, this Court directed the respondent to take steps to comply with the order of the appellate Tribunal. However, as no steps have been taken thereafter, the petitioners have once again approached this Court by way of this writ petition.
3. I have heard the learned counsel for the petitioners and the learned Addl. Govt. Advocate for the respondent and perused the material on record. -: 4 :-
4. During the course of submission, learned counsel for the petitioners has stated that as no time frame was fixed by this Court or by the appellate Tribunal in the earlier proceedings, the respondent has not taken any steps to comply with the direction issued by the appellate Tribunal. In that view of the matter, the respondent is directed to comply with the judgment of the appellate Tribunal within a period of two months from the date of receipt of the certified copy of this order. Any non- compliance with this direction would be viewed seriously by this Court, as this is the third direction issued to the respondent with regard to the conversion sought by the petitioners herein.
5. With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/-
JUDGE.
*mvs