Karnataka High Court
Sangamma (V. Sangeeta Raju) W/O V. Raju vs The State Of Karnataka And Ors on 28 June, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2023:KHC-K:4696
WP No. 200723 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 200723 OF 2023 (KLR-CON)
BETWEEN:
SMT. SANGAMMA (V. SANGEETA RAJU)
W/O V. RAJU
AGE. 64 YEARS,
OCC. RETD. GOVT. SERVANT,
R/O. H.NO. F-21, R.G. MALU,
ENCLAVE JEWARGI CROSS,
INDUSTRIAL AREA,
KALABURAGI-585102.
...PETITIONER
(BY SRI. G G CHAGASHETTI .,ADVOCATE)
AND:
Digitally signed
by B NAGAVENI 1. THE STATE OF KARNATAKA
Location: HIGH
COURT OF BY ITS PRINCIPLE SECRETARY,
KARNATAKA
REVENUE DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560001.
2. THE DIRECTOR DEPARTMENT OF
SURVEY SETTLEMENT AND LAND RECORDS
REVENUE BUILDING,
KR CIRCLE,
AMBEDKAR VEEDHI,
BENGALURU-560001.
3. THE DEPUTY COMMISSIONER
KALABURAGI,
DIST. KALABURAGI-03.
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NC: 2023:KHC-K:4696
WP No. 200723 of 2023
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT,
ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING
THE 3RD RESPONDENT TO ACCEPT THE CONVERSION CHARGE AND
ISSUE NECESSARY CERTIFICATE REGARDING CONVERSION OF THE
SAID PLOT NO. 23, SITAUTED IN SY.NO.10 OF RAJAPUR DIST;
KALABURAGI IN TO NON AGRICULTURAL LAND BY HOLDING THAT
THE APPLICATION DATED 17/02/2021 AT ANNEXURE-E IS DEEMED
TO BE ALLOWED AS PER SEC 95 (5) OF THE KARNATAKA LAND
REVENUE ACT, 1964 AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for the following reliefs:
a. Issue a writ, order or direction in the nature of mandamus, directing the 3rd respondent to accept the conversion charge and issue necessary certificate regarding conversion of the said plot No.23 situated in Sy.No.10 of Rajapur Dist; Kalaburagi in to non-agricultural land by holding that the Application dated 17-02-2021 at Annexure-E is deemed to be allowed as per Sec 95(5) of the Karnataka land Revenue Act 1964.
b. Issue a Writ in the nature of Mandamus directing the 3rd Respondent to consider the Application filed by the Petitioner dated 17/02/2021 and to take suitable decision in accordance with law vide Annexure-E. c. Issue a writ in the nature of mandamus Directing the 2nd Respondent to consider the Letter of 3rd Respondent dated 26-07-2022 & to pass suitable order within reasonable time vide Annexure-K, -3- NC: 2023:KHC-K:4696 WP No. 200723 of 2023 d. Issue any other suitable writ, order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case.
2. The petitioner claims to be an absolute owner and in possession of Plot No.23, measuring 55' x 90' situated in Sy.No.10 of Rajapur, Kalaburagi City, Kalaburagi District having purchased the same on 08.02.1995. The said plot comes within the limits of the Kalaburagi City Corporation, Kalaburagi and the petitioner has been making payment of necessary taxes to the said Corporation. On coming to know that the land in Sy.No.10 had not been converted for non-agricultural purposes and as regards similar plots formed out of Sy.No.10, the owners thereof had applied for conversion and in pursuance of the order passed by this Court in the case of Shivanand vs. State of Karnataka1, the said plots were converted to non-agricultural purposes.
1 W.P.No.203734/2017 dated 09.10.2017 -4- NC: 2023:KHC-K:4696 WP No. 200723 of 2023
3. The petitioner also made an application on 18.02.2021 for similar conversion. The said application though pending from 18.02.2021, no action has been taken. In that background, the petitioner has sought for aforesaid reliefs.
4. Smt.Maya T.R., learned HCGP would submit that subsequent to a circular which had been issued in the year 2018, any application for conversion post 01.03.2018 has to be submitted in an online format. The application of the petitioner having been submitted in an offline format, the same could not be considered. Secondly, she submits that what is sought for conversion is a plot. As such, Section 95 of the Karnataka Land Revenue Act, 1964 (for short, 'the Act') which contemplates conversion of agricultural land to non-agricultural purposes would not be attracted. Furthermore, there is a requirement for the recordal of tenancy and crops (RTC) to be submitted for such conversion. In the -5- NC: 2023:KHC-K:4696 WP No. 200723 of 2023 present case, no such document having been furnished, the application could not be considered or processed. In that background, she submits that Section 95 of the Act itself is not applicable and as such, the application is not processed.
5. Heard Sri.G.G.Chagashetti, learned counsel for the petitioner and Smt.Maya T.R., learned HCGP for respondents and perused the papers.
6. From and on 01.03.2018, it is required that any application for conversion is required to be submitted online. However, in the present case, the petitioner's application though sought to be submitted online was not accepted by the online system on account of the petitioner not being able to upload RTC as also the property being designated as a plot and not having any document or reference relating to agricultural property.
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7. The fact remains that Sy.No.10 prior to formation of site was an agricultural land and plots which have been formed thereon have been so formed without obtaining necessary conversion. On an earlier occasion, this Court vide its order dated 09.10.2017 in W.P.No.203734/2017 had directed the respondents to consider the applications filed by other the plot owners for conversion and in pursuance of which the same had considered and conversion orders passed. When several other sites in the layout have been converted, it would not now lie for the respondents to contend that the plot of the petitioner not being agricultural in nature cannot be considered.
8. On enquiry as to what is the classification of the land of the petitioner, learned AGA would submit that it is non-agriculture in nature but refrains to submit as to what is that nature of the land of the petitioner. -7-
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9. The nature of the land can only be of two kinds viz., agricultural and non-agricultural. Non-agricultural lands could be further sub-classified. If the land of the petitioner is not agricultural, then it would necessarily entail that it is non-agricultural in nature. If that be so, there would not be a necessity for issuance of a conversion order more so when the Kalaburagi City Corporation is collecting taxes in relation thereto. However, for the purposes of proper records, it would be required that necessary formalities are completed more particularly when other plots have been converted by the respondents.
10. Once the land comes within the urban agglomeration and the master plan is applicable thereto the land is deemed to be converted for the purpose so designated in the masterplan and an application filed for conversion would have to be allowed. In the present case, the Tahsildar and Assistant Commissioner have also recommended conversion of -8- NC: 2023:KHC-K:4696 WP No. 200723 of 2023 the plot of the petitioner. The application having been filed on 18.02.2021, in terms of sub-section (5) of Section 95 of the Act, there is a deeming fiction created. That when an application is not refused within a period of 90 days, there would be a deemed conversion. The application having been pending for more than 2 years now, the said deeming provision would apply to the case of the petitioner. The only action to be performed by the respondents is for issuance of a formal conversion order by collecting conversion fine from the petitioner. In that view of the matter, I pass the following:
ORDER i. The Writ Petition is allowed.
ii. A mandamus is issued directing respondent No.3 to accept the conversion fine and issue necessary conversion order in respect of Plot No.23, measuring 55' x 90' situated in Sy.No.10 of Rajapur, Kalaburagi City, Kalaburagi District -9- NC: 2023:KHC-K:4696 WP No. 200723 of 2023 within 30 days from the date on which the petitioner were to remit the amounts.
Sd/-
JUDGE PRS List No.: 1 Sl No.: 28