Karnataka High Court
M Muninarayana Swamy, vs State Of Karnataka, on 14 June, 2012
Author: K.L.Manjunath
Bench: K.L.Manjunath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 14th DAY OF JUNE, 2012
PRESENT
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR.JUSTICE V.SURI APPA RAO
WRIT APPEAL NOs.17361-17363/2011(LB-RES)
BETWEEN
1 M MUNINARAYANA SWAMY,
AGED 52 YEARS,
S/O LATE MUNISHAMAPPA. R/AT NO. 411,
G.N.V. ROAD, YELEPETE, CHIKKABALLAPUR.
2 M. MANJUNATHA,
AGED 40 YEARS,
S/O LATE MUNISWAMAPPA,
R/AT NO. 411, G.N.V. ROAD, YELEPETE,
CHIKKABALLAPUR.
... APPELLANTS
(By Sri : CHINNAPPA GOWDA, ADV.)
AND :
1 STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
HOUSING AND URBAN DEVELOPMENT,
M.S. BUILDINGS, BANGALORE.
2 DEPUTY COMMISSIONER,
CHIKKABALLAPUR DISTRICT,
CHIKKABALLAPUR.
3 CITY MUNICIPAL COUNCIL,
CHIKKABALLAPUR,
2
REP. BY ITS COMMISSIONER.
... RESPONDENTS
(By Sri : M.KESHAVA REDDY, AGA FOR R1 & 2;
SRI.VIJAY KRISHNA BHAT FOR R3 )
THIS WRIT APPEAL FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE THE ORDER PASSED IN THE WRIT PETITION
NO.23896-898/2011(LB-RES) DATED 18/10/2011.
THIS APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, MANJUNATH J, DELIVERED THE
FOLLOWING:
JUDGMENT
Heard.
2. The appellants are owners of the property situated in City Municipal Council, Chikkaballapur, the Town Municipal Council of Chikkaballapur, collected the development charges and transferred the khata to the name of the appellants by assigning Municipal Assessment Nos. 1672, 1673 and 1674, Sadhu Mutt Road, Ward No.9, Chikkaballapur Town. The 2nd respondent - Deputy Commissioner, Chikkaballapur on the ground that the said property is required for the purpose of formation of road, unilaterally 3 cancelled the khata which was standing in the name of the appellants. Questioning the legality and correctness of the order passed by the Deputy Commissioner, Chikkaballapur dt.22.2.2010 as per Annexure-K appellants approached the learned Single Judge. The learned Single Judge virtually granted the relief to the appellants except issuing a direction that the appellants are required to obtain a formal order of conversion from agricultural to non-agricultural purpose. Therefore, the present appeals are filed.
3. It is not in dispute that lands are situated in Ward No.9 of Chikkaballapur Town and when the property situated within the Town Municipal Council area when Town Municipal Council has collected development charges from the appellants and granted plan for construction of the compound and in the planning area if it has lost the character of agriculture, the Dy. Commissioner will not get any right to cancel the khata on the ground that the appellants have not obtained an order of conversion. Therefore, we 4 are of the opinion that there is no necessity for the appellants to obtain conversion from agriculture to non-agriculture, if the area comes within the Town Municipal council limits and in the background of Town Municipal Council collecting the developmental charges and treated as Municipal property.
4. Accordingly, the appeals are allowed. The order of the learned Single Judge is modified. Annexure-K dt.22.2.2010 issued by the Deputy Commissioner, Chikkaballapur is hereby quashed.
SD/-
JUDGE SD/-
JUDGE Ak