Bhimappa V. Halaki S/O Vitthal Halki vs State Of Karnataka on 21 December, 2021

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Karnataka High Court

Bhimappa V. Halaki S/O Vitthal Halki vs State Of Karnataka on 21 December, 2021

Bench: Hemant Chandangoudar

                              1




              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

          DATED THIS THE 21st DAY OF DECEMBER 2021

                           BEFORE

    THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

          WRIT PETITION No.104800/2021 (KLR-CON)

BETWEEN

BHIMAPPA V. HALAKI, S/O VITTHAL HALKI
OCC FARMER, AGE 65 YEARS,
R/O.LAXANATTI VILLAGE
POST LOKAPUR, TQ MUDHOL
DIST BAGALKOT-587101
KARNATAKA.                                     ...PETITIONER

(BY SRI. AVINASH M ANGADI, ADVOCATE)

AND

1. STATE OF KARNATAKA
   BY ITS PRINCIPAL SECRETARY
   DEPARTMENT OF REVENUE
   GOVERNMENT OF KARNATAKA
   M S BUILDING, BENGALURU-560001

2. DEPUTY COMMISSIONER
   BAGALKOT DISTRICT
   BAGALKOT-587101

3. THE GENERAL MANAGER, OFFICE OF
   LAND ACQISITION, REHABILITATION
   RESETTLEMENT - UPPER KRISHNA PROJECT,
   NAVANAGR, BAGALKOT-587101

4. SPECIAL LAND ACQUISITION OFFICER
   UPPER KRISHNA PROJECT
   NAVANAGAR, BAGALKOT-587101
                                 2




5. ASSISTANT COMMISSIONER
   OFFICE OF THE ASSISTANT
   COMMISSIONER, NAVANAGAR,
   BAGALKOT-587101.                             ...RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP)


      THIS WRIT PETITON IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER
OR DIRECTION AND QUASH THE ORDER DATED 23.09.2021 BEARING
NO.SAM JI AA B/LND.CR.207/2021-2022 PASSED BY THE 2ND
RESPONDENT WHICH IS PRODUCED AT ANNEXURE-E TO THE WRIT
PETITION IN THE INTEREST OF JUSTICE AND EQUITY; (B) ISSUE A
WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS OR ANY
OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO THE
RESPONDENTS TO CONVERT THE AGRICULTURAL PROPERTY BEARING
SY.NO.97 OF VEERAPURA VILLAGE, BAGALKOT TALUK AND
DIST.BAGALKOT TO NON AGRICULTURAL PURPOSE IN THE INTEREST
OF JUSTICE AND EQUITY.

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


                             ORDER

The petitioner is the owner of the land bearing Sy.No.97 measuring 4 acres 9 guntas situated at Veerapura Village, Bagalkot Taluk and District. The petitioner intends to develop the land in question for commercial purpose and accordingly, he submitted an application under Section 95 of the Karnataka Land Revenue Act, 1964 (for short, 'the Act'). Respondent No.2 rejected the application on the ground that the land in question 3 is reserved for submergence of land under Upper Krishna Project and as such the application for conversion cannot be granted. Hence, this writ petition.

2. It is not in dispute that the land in questions falls within the limits of Bagalkot Town Municipal Council and in the master plan published by the Town Planning Authority, the land in question is partially reserved for submergence under Upper Krishna Project and partially as buffer zone.

3. Having regard to the fact that the land in question is situated within the limits of Town Municipal Council, Bagalkot, there is no requirement for the petitioner to obtain permission to divert the land in question for commercial purpose. However, the petitioner is required to obtain permission from the local planning authority for change of user of land under Section 14A of the Karnataka Town and Country Planning Act, 1961. If such an application is submitted by the petitioner, the same shall be considered in accordance with law. Writ petition is disposed of accordingly.

Liberty is also reserved with the petitioner to challenge designation of his land for submergence under the Upper Krishna Project and also as buffer zone in the Master Plan published by the Local Planning Authority.

Sd/-

JUDGE Kms

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