Karnataka High Court
Mr.H.N.Naveen Kumar vs The State Of Karnataka on 16 April, 2018
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 16th DAY OF APRIL 2018
BEFORE
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT PETITION NOS.13437-13441 OF 2018 &
WRIT PETITION NOS.14546-14547 OF 2018 (KLR-CON)
BETWEEN:
1. Mr. H. N. Naveen Kumar,
S/o. Late. H. Narasimhaiah,
Aged about 40 years,
2. Mr. H. C. Munishamappa,
S/o. Late. Chikkasubbiah,
Aged about 75 years,
3. Mr. H. A. Narayanaswamy,
S/o. Akkalappa,
Aged about 43 years,
4. Mr. Byre Gowda,
S/o. K. Muniyappa,
Aged about 40 years,
5. Mrs. Jagadambha,
W/o. Nanjundachar,
Aged about 42 years,
6. Mr. Agasara Subbanna,
S/o. Ramappa,
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Aged about 80 years,
7. Mr. Nanjundayya,
S/o. Venkataramanappa,
Aged about 68 years,
All are r/at Harobande Village,
Kasaba Hobli, Chikkaballapur Taluk,
Chikkaballapur - 562 101.
... Petitioners
(BY Sri. R. Srinivasa Gowda, ADV.)
AND:
1. The State of Karnataka
Department of Revenue
M.S.Building, Dr. Ambedkar Veedhi
Bengaluru- 560 001
Rep. by its Principal Secretary
2. The Deputy Commissioner
Chikkaballapur District
Chikkaballapur- 562 101
... Respondents
(BY Sri.R.B.Sathyanarayana Singh, AGA)
These writ petitions are filed under Articles 226 and
227 of the Constitution of India praying to quash the
following endorsements issued by Respondent No.2:
1. No. ALN. SR. (Chi). 92/2017-18 Dtd. 23.01.2018
for Sy. No. 213/2 measuring 19 guntas of
Harobande, Kasaba Hobli, Chikkaballapur Taluk
(Annexure- B);
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2. No. ALN. SR. (Chi). 91/2017-18 Dtd. 23.01.2018
for Sy. No. 212 measuring 23 guntas of
Harobande, Kasaba Hobli, Chikkaballapur Taluk
(Annexure- D);
3. No. ALN. SR. (Chi). 92A/2017-18 Dtd. 23.01.2018
for Sy. No. 213/1 measuring 14 guntas of
Harobande, Kasaba Hobli, Chikkaballapur Taluk
(Annexure- F);
4. No. ALN. SR. (Chi). 90/2017-18 Dtd. 23.01.2018
for Sy. No. 214 measuring 1 acre 6 guntas of
Harobande, Kasaba Hobli, Chikkaballapur Taluk
(Annexure- H);
5. No. ALN. SR. (Chi). 97/2017-18 Dtd. 23.01.2018
for Sy. No. 215/1 measuring 11 guntas of
Harobande, Kasaba Hobli, Chikkaballapur Taluk
(Annexure- K);
6. No. ALN. SR. (Chi). 98/2017-18 Dtd. 23.01.2018
for Sy. No. 215/3 measuring 12 guntas of
Harobande, Kasaba Hobli, Chikkaballapur Taluk
(Annexure- M);
7. No. ALN. SR. (Chi). 96/2017-18 Dtd. 23.01.2018
for Sy. No. 215/2 measuring 22 guntas of
Harobande, Kasaba Hobli, Chikkaballapur Taluk
(Annexure- P);
8. No. ALN. SR. (Chi). 93/2017-18 Dtd. 23.01.2018
for Sy. No. 182/1 measuring 17 guntas of
Harobande, Kasaba Hobli, Chikkaballapur Taluk
(Annexure- R);
9. No. ALN. SR. (Chi). 95/2017-18 Dtd. 23.01.2018
for Sy. No. 216 measuring 29 guntas of
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Harobande, Kasaba Hobli, Chikkaballapur Taluk
(Annexure- T);
These writ petitions coming on for Preliminary
Hearing this day, the court made the following :
ORDER
Heard.
Issue notice to the respondents.
Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2.
Though these writ petitions are listed for preliminary hearing, with the consent of learned counsel on both sides, they are heard finally.
2. Petitioners have assailed endorsements at Annexure-B, Annexure-D, Annexure-F, Annexure-H, Annexure-K, Annexure-M, Annexure-P, Annexure-R and Annexure-T, issued to them by second respondent-Deputy Commissioner, Chikkaballapur District, Chikkaballapur. By those endorsements, the second respondent has stated that the applications filed by the petitioners herein seeking conversion of their respective lands from agricultural to non-agricultural purposes cannot be considered until the 5 Master Plan for Chikkaballapur Town is prepared and finalised. Being aggrieved by such endorsements, petitioners have filed these writ petitions.
3. Learned counsel for the petitioners submits that petitioner No.1 is the absolute owner of agricultural land bearing survey No.213/2, measuring 0.19 guntas situated at Harobande Village, Kasaba Hobli, Chikkaballapur Taluk and District ; Petitioner No.2 is the absolute owner of agricultural land bearing survey No.212, measuring 0.23 guntas situated at Harobande Village, Kasaba Hobli, Chikkaballapur Taluk and District ; Petitioner No.3 is the absolute owner of agricultural land bearing survey No.213/1, measuring 0.14 guntas situated at Harobande Village, Kasaba Hobli, Chikkaballapur Taluk and District ; Petitioner No.4 is the absolute owner of agricultural land bearing survey No.214, measuring 1 acre 6 guntas situated at Harobande Village, Kasaba Hobli, Chikkaballapur Taluk and District ; Petitioner No.5 is the absolute owner of agricultural land bearing survey 6 No.215/3, measuring 0.11 guntas and Sy.No.215/3, measuring 0.12 guntas situated at Harobande Village, Kasaba Hobli, Chikkaballapur Taluk and District ; Petitioner No.6 is the absolute owner of agricultural land bearing survey No.215/2, measuring 22 guntas situated at Harobande Village, Kasaba Hobli, Chikkaballapur Taluk and District; Petitioner No.7 is the absolute owner of agricultural land bearing survey No. 182/1, measuring 0.17 guntas and survey No.216, measuring 29 guntas, situated at Harobande Village, Kasaba Hobli, Chikkaballapur Taluk and District. Petitioners have filed their respective applications under Section 95 of the Karnataka Land Revenue Act, 1964 seeking conversion of their agricultural lands for non-agricultural purposes. On considering the said applications, the impugned endorsements vide Annexure-B, Annexure-D, Annexure- F, Annexure-H, Annexure-K, Annexure-M, Annexure-P, Annexure-R and Annexure-T have been issued, which are assailed in these writ petitions.
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4. They have also sought a direction to the second respondent to collect requisite fee or fine as per Rule 107 of the Karnataka Land Revenue Rules, 1964 and declare that there is a deemed conversion.
5. I have heard learned counsel for the petitioners and learned Additional Government Advocate appearing for respondents on advance notice and perused the material on record.
6. During the course of his submissions, petitioners counsel drew my attention to the order dated 14/11/2016 passed by this court in W.P.No.44398/2016 and connected writ petitions, wherein similar endorsements were assailed before this court. The impugned endorsements in those writ petitions were also issued by the second respondent herein stating the very same reason as has been stated to the petitioners herein to the effect that the application for conversion of agricultural to non-agricultural purposes cannot be considered till the Master Plan for Chikkaballapur Town is prepared and finalized. He 8 submitted that this court in the aforesaid order quashed the endorsement and issued consequential directions to the second respondent-Deputy Commissioner, the same may be ordered in these writ petitions also.
7. Learned Additional Government Advocate appearing for the respondents submits that it is true that this court in the aforesaid writ petitions has quashed similar endorsements and has issued directions to the second respondent. Therefore, similar directions may be issued in these writ petitions also.
8. On a reading of the order dated 14/11/2016 passed by this court in W.P.No.44398/2016 and connected writ petitions, in the operative portion it is observed as under;
"From a perusal of the above extracted portion from the order would disclose that a consideration of the application for conversion would have to be made strictly in terms of Section 95 of the KLR act and the grounds as mentioned in Sub-Section (3) to Section 95 of the KLR Act. If that be the 9 position, the endorsement as issued and impugned in the instant petition would not be justified. Accordingly, the endorsement dated 15.06.2016 is quashed.
A direction is issued to the 2nd respondent to take note of the application dated 24.07.2015 and all supporting materials that is available including the report of the Tahsildar and a decision be taken on the application filed by the petitioner in accordance with law as expeditiously as possible but not later than two months from the date on which a copy of this order is furnished to the 2nd respondent.
Petition is accordingly disposed of."
The same is squarely applicable to the present petitioners also as the identical endorsement have been issued in the case of these petitioners which are impugned in these writ petitions.
9. In the circumstances, Annexure-B, Annexure-D, Annexure-F, Annexure-H, Annexure-K, Annexure-M, Annexure-P, Annexure-R and Annexure-T, issued by second respondent-Deputy Commissioner, Chikkaballapur 10 District, Chikkaballapur, dated 23/01/2018 are quashed. A direction is issued to the second respondent to take note of the applications filed by the petitioners herein and all supporting materials that are available including the report of the Tahsilar and to take a decision on the applications filed by the petitioners herein seeking conversion of their respective lands for non-agricultural purpose in an expeditious manner, but not later than two months from the date of receipt of a certified copy of this order. Hence the following order:
Writ petitions are disposed.
Sd/-
JUDGE Msu