Karnataka High Court
Janardhan Reddy S/O Virupaksha Reddy ... vs The State Karnataka Through And Ors on 19 June, 2020
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF JUNE, 2020
BEFORE
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION NO.203225/2016 (KLR-CON)
BETWEEN:
Janardhan Reddy
S/o Virupaksha Reddy Patil
Age: 68 years, Occ: Agriculture &
Legal Practitioner, R/o Kodla Village
Tq. Sedam, now residing at
H.No.115, Shanti Nagar, Kalaburagi
... Petitioner
(By Sri B.K. Hiremath, Advocate)
AND:
1. The State of Karnataka through
Principal Secretary
Govt. of Karnataka, Vidhana Soudha
Bengaluru - 560 001
2. The Deputy Commissioner
Mini Vidhana Soudha
Kalaburagi - 585 102
3. The Asst. Commissioner
Sedam, Tq. Sedam - 585 222
... Respondents
(By Smt. Anuradha M. Desai, Govt. Adv.)
2
This writ petition filed under Articles 226 and 227 of
the constitution of India, praying to issue a writ of
mandamus directing respondent Nos.2 and 3 to issue a
certificate of conversion under Section 95 of the Karnataka
Land Revenue Act of Non-Agricultural land of Sy.No.867
measuring 11 acres 5 guntas of Kodla village, Tq. Sedam, as
per order passed by respondent No.3 vide order dated
19.05.1979 vide Annexure-B.
This petition coming on for preliminary hearing this
day, the Court made the following:
ORDER
In this writ petition, the petitioner has sought for the following reliefs:
"a. Issue a writ of mandamus directing the respondents No.2 and 3 to issue a certificate of conversion U/s 95 of the Karnataka Land Revenue Act of non-agricultural land of Sy.No.867 measuring 11 acres 5 guntas of Kodla village, Tq. Sedam, as per order passed by respondent No.3 vide order dated 19-5- 1979 vide Annexure-B, in the interest of justice and equity.
b. Issue any other reliefs to which the petitioner is found entitled to."3
2. The case of the petitioner is that he is the owner in possession of the land in Sy.No.867 measuring to an extent of 11 acres 5 guntas situated at Kodla village, Sedam Taluk, Kalaburagi District. Petitioner had applied an application for grant of conversion of agricultural land for non-agricultural purpose. The application has been filed before the Assistant Commissioner on 07.10.1978. Pursuant to that application, as per Annexure-A, notice has been issued by the Assistant Commissioner requesting the petitioner to pay the conversion fee and submit some relevant records. Thereafter, the petitioner has paid the conversion fee of Rs.1,150/- vide Annexure-C and he has also paid Rs.25/- towards demarcation fee as per Annexure-D. In spite of that, the Assistant Commissioner has not considered the petitioner's application for conversion of land. Therefore, the petitioner has given number of representations. Since 4 no order has been passed, the petitioner is before this Court.
3. Learned Government Advocate appearing for the respondents has submitted that the application is filed in the year 1978. The petitioner has approached this Court in the year 2016 i.e., after lapse of 36 years. On the ground of delay itself, the writ petition is to be dismissed. She further submitted that the respondents have filed a memo dated 10.01.2019 enclosing the endorsement issued by the Deputy Commissioner dated 28.02.2014 stating that now the Deputy Commissioner is the competent authority and if necessary application is filed before the Deputy Commissioner, the same will be considered in accordance with law.
4. Learned counsel for the petitioner has submitted that he may be permitted to file a necessary application for conversion of the agricultural land for non-agricultural purpose as per Section 95 of the 5 Karnataka Land Revenue Act. He will submit the same in a prescribed form after enclosing necessary documents.
5. In view of the above, without expressing any opinion on the merit of the case, the petitioner is permitted to submit a fresh application for conversion of agricultural land for non-agricultural purpose before the competent authority. The competent authority is directed to consider the same in accordance with law and pass appropriate orders.
With these observations, writ petition stands disposed of.
Sd/-
JUDGE LG