Karnataka High Court
M/S Shivam Stone Crushers vs The State Of Karnataka on 28 May, 2024
Author: Chief Justice
Bench: Chief Justice
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NC: 2024:KHC:17856-DB
WP No. 10452 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MAY, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 10452 OF 2024 (GM-MM_S)
BETWEEN:
1. M/S. SHIVAM STONE CRUSHERS,
BY ITS PARTNER,
SRI.SRIPAD S/O ARJUN RAO HISBKAR,
AGED ABOUT 54 YEARS,
R/O No. 4842A/5A, SAVALI BUILDING,
SHIVALAYA ROAD,
SADASHIVANAGAR,
BELAGAVI-590006.
...PETITIONER
(BY SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE)
Digitally signed
by VALLI AND:
MARIMUTHU
Location: High
Court of 1. THE STATE OF KARNATAKA,
Karnataka REPTD., BY ITS SECRETARY,
DEPT. OF REVENUE,
VIKAS SOUDHA,
BENGALURU,
BENGALURU 560001.
2. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT,
BELAGAVI 590001.
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WP No. 10452 of 2024
3. THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
BAUXITE ROAD,
KUMARASWAMY LAYOUT,
BELAGAVI 590001.
...RESPONDENTS
(BY SRI. S.S. MAHENDRA, GA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR
DIRECTION, DIRECTING RESPONDENT No.2 TO CONSIDER
THE APPLICATION DATED 12.02.2024 FILED BY THE
PETITIONER FOR SEEKING DEEMED CONVERSION ORDER IN
RESPECT OF THE LAND BEARING Sy. No.46/3 MEASURING 3
ACRES 31 GUNTAS SITUATED AT MARIKATTI VILLAGE,
BAILHONGAL TALUK, BELAGAVI DISTRICT UNDER SECTION
95(9) OF KLR ACT (ANNEXURE-D) FROM AGRICULTURAL TO
NON-AGRICULTURAL PURPOSE i.e., FOR CARRYING ON
QUARRYING OPERATION/ACTIVITIES AND FURTHER DIRECT
THE REVENUE AUTHORITIES TO COLLECT THE NECESSARY
CONVERSION FINE/CHARGES AS PER KARNATAKA LAND
REVENUE RULES IN THE ENDS OF JUSTICE AND EQUITY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY K. V. ARAVIND J., MADE THE
FOLLOWING:
ORDER
Heard learned advocate Mr. Shivalli Shivayogi Yallappagouda for the petitioner and learned Additional Government Advocate Mr. S.S.Mahendra for the respondent-State and its authorities.
2. This writ petition seeking mandamus to respondent No.2- Deputy Commissioner, Belagavi District, Belagavi, to consider the -3- NC: 2024:KHC:17856-DB WP No. 10452 of 2024 application of the petitioner dated 12.02.2024. The said application came to be filed by the petitioner seeking an order for deemed conversion of the land bearing survey No.46/3 admeasuring 3 Acres and 31 Guntas situated at Marikatte Village, Bailhongal Taluk, Belagavi District, from agricultural to non-agricultural purpose under Section 95(9) of the Karnataka Land Revenue Act, 1964, to carry out quarrying activity or to establish stone crusher unit. The petitioner thereby seeks conversion of the land from agricultural to non-agricultural purpose as stated above.
3. In support of the prayer, learned advocate for the petitioner invited attention of the Court to the order of the Division Bench of this Court dated 30.10.2023 passed in Writ Petition No.22990 of 2023, in which certain directions were issued. Learned advocate for the petitioner produced another order dated 23.04.2023 passed by the Division Bench of this Court in Writ Petition No.9128 of 2024 on the same lines.
4. Learned Government Advocate could not dispute that the said order was passed in the background of similar set of facts and prayer.
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NC: 2024:KHC:17856-DB WP No. 10452 of 2024
5. We have also considered similar issue in Writ Petition No.10414 of 2024, disposed of on 27.05.2024.
6. In view of the above, following directions are issued,
(i) The petitioner shall submit the documents which may be necessary for consideration of the application dated 12.02.2024 stated to have been made by the petitioner to the competent authority. Such documents as may be required shall be filed within a period of two weeks from today.
(ii) Respondent No.2-Deputy Commissioner shall consider the said application dated 12.02.2024 of the petitioner along with the documents which may be submitted in accordance with law.
(iii) The petitioner shall be communicated the amount of fine etc., as may be payable for the purpose of conversion in accordance with Rule 107 of the Karnataka Land Revenue Rules, 1966.
(iv) After the petitioner pays the fine amount as may be required by the authority, order of deemed conversion -5- NC: 2024:KHC:17856-DB WP No. 10452 of 2024 shall be passed by the authority under sub-section (9) of Section 5 of the Act.
(v) Upon conversion is permitted, the petitioner shall be entitled to use the land for non-agricultural purpose of quarrying activity or stone crusher unit as may be permitted.
7. It is clarified that the above directions shall operate provided the application of the petitioner is not already decided by the competent authority. If the application dated 12.02.2024 is already considered and decided and the petitioner is aggrieved by such decision, the recourse in the form of statutory appeal would be available to be adverted to, in accordance with law and on merits, for the petitioner.
8. The present petition is disposed of accordingly.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE MV, List No.: 1 Sl No.: 13