Karnataka High Court
Neelakant vs The State Of Karnataka on 9 November, 2020
Bench: Chief Justice, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2020
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO.12048 OF 2020 (GM-MM-S)
BETWEEN:
NEELAKANT
S/O BALAPPA NEEROLLI
AGED 39 YEARS
OCC: BUSINESS
R/O PANCHAYAT STREET
KADROLLI TALUK AND
DISTRICT BELAGAVI-591 153.
... PETITIONER
(BY SHRI SHIVALLI SHIVAYOGI YELLAPPA
GOWDA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPTD. BY ITS SECRETARY
DEPT. OF REVENUE
VIKAS SOUDHA,
BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER
BELAGAVI DISTRICT-590 001.
... RESPONDENTS
(BY SHRI I.THARANATH POOJARY, AGA)
---
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR
DIRECTION QUASHING THE ENDORSEMENT/LETTER
DATED 7/8.7.2020 ISSUED BY SECOND RESPONDENT AS
BEING ARBITRARY, ERRONEOUS AND CONTRARY TO
LAW, EQUITY AND JUSTICE (ANNEXURE-D), AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THROUGH VIDEO CONFERENCING THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Issue notice to the respondents. The learned Additional Government Advocate takes notice for the respondents.
2. The issue is governed by the judgments and orders of this Court dated 21st November, 2019 in W.P. No.35133 of 2019 and 21st September, 2020 passed in W.P. No.4180 of 2020.
3. For the reasons recorded in the said judgments and orders, the impugned order dated 7/8th July, 2020 at Annexure-D is hereby set aside. Within a period of two weeks from the date on which this order is web hosted on the official website of this Court, the second respondent shall communicate to the petitioner the conversion fee 3 payable. If the conversion fee is paid by the petitioner within four weeks from the date on which it is communicated to him, a conversion under sub- section (9) of Section 95 of the Karnataka Land Revenue Act, 1964 shall be deemed to have been granted. It is made clear that even if deemed conversion is granted, the petitioner shall not use the land for the purposes for which the conversion was sought., unless a licence is granted to the petitioner for running a stone crusher unit.
4. The writ petition is disposed of on the above terms.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE vgh*