Karnataka High Court
Karnataka Rajya Mandavya Gruha Nirmana ... vs State Of Karnataka on 7 September, 2017
Author: B.S.Patil
Bench: B.S.Patil
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON'BLE MR.JUSTICE B.S.PATIL
W.P.No.15976/2017 (KLR-RES)
BETWEEN
KARNATAKA RAJYA MANDAVYA GRUHA NIRMANA SAHAKARA
SANGHA NIYAMITHA,
MANDYA,
HAVING ITS OFFICE AT SRI VIJAYALAKSHMI BUILDING,
1ST FLOOR, 100 FEET ROAD,
HOSAHALLI CIRCLE,
MANDYA-571 401,
REP BY ITS DIRECTOR AND AUTHORIZED SIGNATORY
SHRI B. SIDDARAJU SON OF SHRI. BASAVAIAH,
AGED ABOUT 49 YEARS. ... PETITIONER
(By Sri ARUN B.M., ADV.)
AND
1. STATE OF KARNATAKA
REP BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
MULTISTORIED BUILDING,
BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER
MANDYA DISTRICT,
MANDYA-571 401. ... RESPONDENTS
(By SMT.PRAMODINI KISHAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
ENDORSEMENT DTD.25.11.2016 ISSUED BY THE R-2 VIDE
ANNEX-A AND CONSEQUENTIALLY DIRECT THE R2 TO CONSIDER
2
THE REPRESENTATIONS OF THE PETITIONER DTD.1.7.2015 AND
25.8.2016 VIDE ANNEX-G AND G1 AND THEREBY COLLECT THE
FINE AS PRESCRIBED, IN TERMS OF SECTION 95(8) OF
KARNATAKA LAND REVENUE ACT, 1964 AND ISSUE CONVERSION
ORDERS IN RESPECT OF LANDS MENTIONED THEREIN.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Petitioner is a registered co-operative society. It has made an application seeking conversion of lands bearing Sy.Nos.116, 27 and 34/1 of Kyathungere Village in Mandya District. On 25.08.2016 by one more application, by way of reminder, petitioner sought for consideration of the request made for conversion of the lands.
2. An endorsement was issued by the Deputy Commissioner on 25.11.2016 informing the petitioner that as stated by the Commissioner, Mandya Urban Development Authority, Mandya, lands in question were proposed to be utilised by the Urban Development Authority for residential project to be launched by it and therefore, request made for conversion could not be granted. This endorsement is produced at Annexure-A. 3
3. Feeling aggrieved by the impugned endorsement, petitioner has approached this Court challenging the same and also seeking a direction to the Deputy Commissioner, Mandya to consider the applications filed vide Anenxures - G and G1 in terms of provisions contained in Section 95(viii) of the Karnataka Land Revenue Act, 1964.
4. I have heard the learned counsel for petitioner and the learned Additional Government Advocate. Impugned endorsement is issued based on the report / letter of the Commissioner, Mandya Urban Development Authority, Mandya, that it intended to utilise the lands in question for the purpose of forming a residential layout. There is no material to show that the lands belonging to petitioner have been acquired for the said purpose. Merely because the Commissioner, Mandya Urban Development Authority, has certain scheme in his mind to make use of the lands in question for residential purpose, legitimate request made by petitioner seeking conversion of lands cannot be deferred or rejected. It is the duty of the Deputy 4 Commissioner to consider the applications filed by petitioner on merits in accordance with law.
5. Therefore, impugned endorsement issued deserves to be set aside. Accordingly, the same is set aside. A direction is issued to the Deputy Commissioner to consider applications - Annexures-G and G1 filed by petitioner seeking conversion of lands in question within two months from the date of receipt of a copy of this order. The Deputy Commissioner is directed to also take note of all relevant documents including the government notification dated 27.04.2012 produced by petitioner at Annexure-C. Writ petition is accordingly disposed of. Learned Additional Government Advocate is permitted to file memo of appearance within three weeks from today.
Sd/-
JUDGE VP