Karnataka High Court
Sri.Deepak Balaram Sambrekar, vs The Deputy Commissioner, on 24 September, 2020
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 24th DAY OF SEPTEMBER 2020
BEFORE
THE HON'BLE MR.JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO.147332/2020 (KLR-CON)
BETWEEN
1. SRI. DEEPAK BALARAM SAMBREKAR
AGED ABOUT 41 YEARS,
OCC:AGRICULTURE & BUSINESS
R/O RAJARAM BALLI, HONAGA,
TQ & DIST:BELAGAVI.
2. SRI. PRADEEP BALARAM SAMBREKAR
AGED ABOUT 36 YEARS,
OCC:AGRICULTURE & BUSINESS,
R/O RAJARAM GALLI, HONAGA,
TQ & DIST:BELAGAVI.
... PETITIONERS
(BY SRI. SUNIL S DESAI, ADVOCATE)
AND
THE DEPUTY COMMISSIONER
BELAGAVI,
DIST:BELGAVI-590001.
... RESPONDENT
(BY SRI. SHIVAPRABHU HIREMATH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF MANDAMUS DECLARING THAT THERE IS DEEMED APPROVAL
OF CONVERSION OF SCHEDULE PROPERTY BEARING RS
NO.534/3 MEASURING 33 GUNTA SITUATED AT HONAGA
VILLAGE, KAKATI CIRCLE, TQ & DIST:BELGAVI FROM
AGRICULTURAL PURPOSE TO NON-AGRICULTURAL PURPOSE
UNDER SECTION 95(5) OF THE KARNATAKA LAND REVENUE
ACT, 1964 AND DIRECT THE RESPONDENT TO ISSUE
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CONVERSION CERTIFICATE BY COLLECTING THE NECESSARY
CONVERSION CHARGES AS IT EXISTED AS ON DATE OF
DEEMED CONVERSION (7.10.2019) IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER
In this petition, the petitioners seek for issuance of a writ of mandamus declaring that there is deemed approval of conversion of Schedule Property bearing RS No.534/3 measuring 33 guntas situated at Honaga Village, Kakati Circle, Taluk and District: Belagavi from agricultural purpose to non-agricultural purpose under Section 95(5) of the Karnataka Land Revenue Act, 1964 and direct the respondent to issue conversion certificate by collecting necessary conversion charges as it existed as on date of deemed conversion (7.10.2019).
2. Heard the learned counsel for the petitioners and learned AGA for the respondent and perused the material on record.
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3. Learned counsel for the petitioners submits that on 7.6.2019, the petitioner submitted an application seeking conversion of subject land into non-agricultural purpose. The specific contention of the petitioners is that the application dated 7.6.2019 submitted by the petitioners having not been disposed of by the respondent within a statutory period of four months as contemplated under Section 95(5) of the Karnataka Land Revenue Act, 1964, the petitioners would be entitled for deemed conversion of subject land and consequently, directions are to be issued to the respondent in this regard.
4. In support of his contention, learned counsel places reliance on the decisions of this Court in the case of (i) Rudraswamy Vs. Deputy Commissioner, reported in ILR 1994 KAR 2958; (ii) Annappa Bagi and others Vs. The State of Karnataka and Another (WP Nos.108395-97/2016, 19.01.2017); and (iii) Vinod Kumar Anwarkar Vs. The Deputy 4 Commissioner and Others (WP NO.201964/2019, 11.06.2019).
5. Per contra, learned AGA submits that there is no merit in the petition and delay was on account of prevailing Covid-19 pandemic, and as such, this petition is liable to be dismissed.
6. The material on record indicates that it is not in dispute that the application was filed by the petitioners on 7.6.2019 much prior to prevailing Covid- 19 pandemic, due to which lock down was declared on 23.3.2020. In view of the undisputed fact that the period of four months commencing from 7.6.2019 on which day, the application seeking conversion of subject land was submitted by the petitioners had expired much prior to declaration of lockdown on account of Covid-19 pandemic, the respondent is not entitled to take the shelter under declaration of lock down due to Covid-19 pandemic, in order to contend that the petitioners are not entitled to have the benefit of deemed conversion. 5 In view of the law laid down by this Court in the cases of Rudraswamy, Vinod Kumar Anwarkar and Annappa Bagi (supra), I am of the considered opinion that the petitioners would be entitled for the benefit of deemed conversion as contemplated under Section 95(5) of the Act.
7. In the result, I pass the following:
ORDER
a) This writ petition is hereby disposed of.
b) The petitioners are held to be entitled to the benefit of deemed conversion in respect of the subject land bearing RS No.534/3 measuring 33 guntas situated at Honaga village, Kakati Circle, Taluk and District: Belagavi.
c) The respondent is directed to issue
conversion certificate in favour of the
petitioners by collecting necessary
conversion charges from them in
accordance with law.
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d) The respondent is directed to comply with the directions issued above within a period of one month from the date of receipt of a certified copy of this order.
Subject to the aforesaid directions, this petition stands disposed of.
SD JUDGE JTR