Karnataka High Court
Sri Bandappa S/O Ambaraya Tengali vs The Deputy Commissioner on 23 March, 2017
Author: Rathnakala
Bench: Rathnakala
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF MARCH, 2017
BEFORE
THE HON'BLE MRS. JUSTICE RATHNAKALA
WRIT PETITION NO.201541/2016
C/W
WRIT PETITION NO.201542/2016
WRIT PETITION NO.201543/2016(KLR-CON)
IN W.P.NO.201541/2016
BETWEEN
Sri. Bandappa S/o Ambaraya Tengali,
Age: 45 years, Occ: Agriculture,
R/o H.No.E/395, Ramanagara,
Kapanoora, Kalaburagi.
... Petitioner
(By Smt. Ratna N. Shivayogimath, Adv.)
AND
The Deputy Commissioner,
Kalaburagi,
Dist. Kalaburagi-585101.
... Respondent
(By Sri. R. V. Nadagouda, AAG and
Sri. Shivaputra S. Udbalkar, HCGP)
This writ petition filed under Articles 226 & 227 of the
Constitution of India, praying to issue a writ or direction or
order writ in the nature of mandamus, directing the respondent
2
to collect the conversion fees in respect of the land in question
and consequently issue a certificate of conversion, etc.
IN W.P.NO.201542/2016
BETWEEN
Sri. Bandappa S/o Ambaraya Tengali,
Age: 45 years, Occ: Agriculture,
R/o H.No.E/395, Ramanagara,
Kapanoora, Kalaburagi.
... Petitioner
(By Smt. Ratna N. Shivayogimath, Adv.)
AND
The Deputy Commissioner,
Kalaburagi,
Dist. Kalaburagi-585101.
... Respondent
(By Sri. R. V. Nadagouda, AAG and
Sri. Shivaputra S. Udbalkar, HCGP)
This writ petition filed under Articles 226 & 227 of the
Constitution of India, praying to issue a writ or direction or
order writ in the nature of mandamus, directing the respondent
to collect the conversion fees in respect of the land in question
and consequently issue a certificate of conversion, etc.
IN W.P.NO.201543/2016
BETWEEN
Sri. Bandappa S/o Ambaraya Tengali,
Age: 45 years, Occ: Agriculture,
R/o H.No.E/395, Ramanagara,
3
Kapanoora, Kalaburagi.
... Petitioner
(By Smt. Ratna N. Shivayogimath, Adv.)
AND
The Deputy Commissioner,
Kalaburagi,
Dist. Kalaburagi-585101.
... Respondent
(By Sri. R. V. Nadagouda, AAG and
Sri. Shivaputra S. Udbalkar, HCGP)
This writ petition filed under Articles 226 & 227 of the
Constitution of India, praying to issue a writ or direction or
order writ in the nature of mandamus, directing the respondent
to collect the conversion fees in respect of the land in question
and consequently issue a certificate of conversion, etc.
These petitions coming on for Orders, this day, the court
made the following:
ORDER
Heard learned counsel for the parties.
2. In these petitions, common question is raised with regard to the endorsement given by the Deputy Commissioner, Kalaburagi, declining to 4 consider the application submitted by the petitioners for 'No Objection Certificate' to convert their agriculture land into non-agriculture purpose. Their applications are rejected on the ground that there is direction by the Government not to give permission to convert the land proposed for establish of National Investment and Manufacturing Zone. This question is adjudicated by this Court in W.P.NO.200764/2015 vide its order dated 05.11.2015.
3. These petitions deserve to be allowed on the same term as that of W.P.No.200764/2015. Hence, the writ petitions are allowed. The endorsement issued by the Deputy Commissioner, which is marked at Annexure-K in each of the petition is quashed.
The Deputy Commissioner is directed to collect the conversion fee from the petitioners and issue 5 conversion certificate within three months from the date of receipt of conversion fee.
Sd/-
JUDGE JSM