Sri. T Anjappa vs State Of Karnataka on 31 January, 2022

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Karnataka High Court

Sri. T Anjappa vs State Of Karnataka on 31 January, 2022

Bench: R Devdas

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 31ST DAY OF JANUARY, 2022

                        BEFORE

           THE HON' BLE MR.JUSTICE R DEVDAS

      WRIT PETITION NO.22263/2021 (KLR-RES)

BETWEEN

SRI. T. ANJAPPA
S/O LATE THIMMAIAH
AGED ABOUT 51 YEARS
R/AT KATTARIGUPPA VILLAGE
AMBAJIDURGA HOBLI
CHINTAMANI TALUK
CHIKKABALLAPUR DISTRICT-563125
                                      ... PETITIONER
(BY SRI.ADINARAYANAPPA, ADVOCATE)

AND

1.    STATE OF KARNATAKA
      DEPARTMENT OF INDUSTRY AND
      URBAN DEVLEOPMENT
      REPRESENTED BY ITS SECRETARY
      VIDHANASOUDHA
      BANGALORE-560001.

2.    THE DEPUTY COMMISSIONER
      CHIKKABALLAPUR DISTRICT
      CHIKKABALLAPUR-562101.

3.    The ASSISTANT COMMISSIONER
      CHIKKABALLAPUR SUB-DIVISION
      CHIKKABALLAPUR-562101.
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4.   THE TAHASILDAR
     CHINTHAMANI TALUK
     CHINTHAMANI -563125
     CHIKKABALLAPUR DISTRICT.
                                                      ...RESPONDENTS

(BY SRI. R.SRINIVASA GOWDA, AGA)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE IMPUGNED JUDGMENT DATED 04.11.2021 PASSED IN
APPEAL NO.390/2020 PASSED BY THE LEARNED DISTRICT
JUDGE, MEMBER, KARNATAKA APPELLATE TRIBUNAL AT
BANGALORE AND TO SET ASIDE THE INFORMATION/NOTICE/
ENDORSEMENT DATED 20.10.2019 ISSUED BY THE SECOND
RESPONDENT AT ANNEXURE-A AND N AND ETC.

     THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

R.DEVDAS J., (ORAL):

The grievance of the petitioner is that the 2nd respondent-Deputy Commissioner has issued the impugned communication dated 20.10.2019 rejecting the application made by the petitioner who had sought for conversion of the land from agricultural to non-agricultural purpose. Thereafter, the petitioner had approached the Karnataka Administrative -3- Tribunal in Appeal No.390/2020, calling in question the rejection of the application and the Tribunal also dismissed the appeal.

2. Learned Additional Government Advocate has brought to the notice of this Court a Circular dated 29.09.2021 issued by the Department of Revenue, directing all the Deputy Commissioners in the State not to pass conversion orders in respect of the lands falling within the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, unless a prior permission is obtained at the hands of the State Government under Section 4(2) of the PTCL Act.

3. On going through the said Circular, the learned Counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to the petitioner to approach the State Government seeking prior permission in terms of Section 4(2) of the PTCL Act and thereafter to approach the Deputy Commissioner.

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4. Accordingly, the writ petition stands dismissed as withdrawn, however, reserving liberty to the petitioner to approach the State Government to secure prior permission in terms of Section 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act in view of the Circular dated 29.09.2021. Thereafter, the petitioner is free to approach the Deputy Commissioner seeking conversion of the lands from agricultural to non- agricultural purposes.

Ordered accordingly.

Sd/-

JUDGE DL

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