Karnataka High Court
Vinod Kumar Anwarkar vs The Deputy Commissioner & Ors on 11 June, 2019
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF JUNE 2019
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
W.P.No.201964/2019 (KLR-CON)
Between:
Vinod Kumar Anwarkar
S/o Brahmagnyani Anwarkar
Age: 38 years, Occ: Agriculture & Business
R/o Plot No.197, Gokul Nagar
Shahabazar, Kalaburagi - 585 102
... Petitioner
(By Sri S.S. Halalli, Advocate)
And:
1. The Deputy Commissioner
Kalaburagi, Dist. Kalaburagi
2. The Assistant Commissioner
Kalaburagi Sub-Division, Office
Of Assistant Commissioner
Kalaburagi - 585 101
3. The Tahasildar
Kalaburagi, Taluk Kalaburagi
Office of the Tahasildar
Kalaburagi - 585 101
... Respondents
(By Smt. Arati Patil, HCGP for R1 to R3)
2
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to declare that the land of
the petitioner bearing Sy.No.100/1 measuring 05 acres 35
guntas situated at Sannur Village, Tq: & Dist. Kalaburagi,
deemed conversion under Section 95 (5) of the Karnataka
Land Revenue Act, 1964, in pursuant to the application
dated: 01.02.2014 vide Annexure-C and accordingly direct
the respondent Deputy Commissioner to issue the order.
This petition coming on for preliminary hearing this
day, the Court made the following:
ORDER
The learned HCGP takes notice for respondent Nos.1 to 3.
2. Heard. The brief factual matrix of the case are that the petitioner purchased a land bearing Sy.No.100/1 measuring 5 acres 35 guntas situated at Sannur village taluk and district Kalaburagi vide sale deed dated 13.12.2013 and got the mutation effected in his favour. Thereafter, he made an application to the Deputy Commissioner, that is, first respondent on 01.02.2014 seeking permission to convert the said land for non-agricultural purpose. The said application was 3 not yet disposed of on various grounds, particularly, as per Annexure-K the respondents require whether there was any violation of Section 79A of the Karnataka Land Reforms Act, 1961. The petitioner has come up before this Court invoking the provisions under Section 95 (5) of the Karnataka Land Revenue Act, 1964 (for short the 'Act') stating that if the application for conversion is not disposed of within a period of four months, there would be a deemed permission as requested by the party. In view of the above said statutory conversion order under Section 95 (5) of the Act, there cannot be any declaration that there is a due conversion of the land by this Court. Because statute itself declares the said aspect under Section 95 (5) of the Act. However, once the deemed conversion order comes to the help of the petitioner, the other consequential order should be passed by the Deputy Commissioner with regard to the approval of plan and other things. Whatever may be the reason, once the application is filed for conversion of the 4 land, the application shall be disposed of within the statutory period. The authorities cannot give any reasons for deferring the passing of the orders. The authorities have got opportunity even to reject the application for non-compliance of any conditions within that time. An order on the application should be passed either by rejecting or allowing the same within the statutory period, otherwise statute itself declares that it is a deemed permission to the party. In fact, this has not been taken into consideration by the Deputy Commissioner. Therefore, the consequential order should be passed by the Deputy Commissioner with regard to the deemed conversion as per Section 95 (5) of the Act. Hence the following:
ORDER Respondent No.1 - Deputy Commissioner has to pass appropriate orders with reference to the consequential conversion of the land as per Section 95 (5) of the Act. The Deputy Commissioner has to do that 5 exercise within two months from the date of receipt of a copy of this order.
With these observations the petition stands disposed of.
Sd/-
JUDGE swk Ct: RRJ