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The top noted writ petitions are filed seeking writ of mandamus against the respondent to collect the conversion fees in respect of lands bearing Sy.No.50/3 measuring 01 acre 32 guntas and Sy.No.50/6 measuring 06 acres.

2. The petitioner has also sought writ of mandamus to consider the representation dated 10.09.2001 and 11.10.2019 as per the provisions of Section 95 (5) of the Karnataka Land Revenue Act, 1964.

3. The facts leading to this case are as under ;- The petitioner is the owner of the lands bearing Sy.No.50/3 measuring 01 acre 32 guntas and Sy.No.50/6 measuring 06 acres situated at Udanoor Village, Tq. and Dist. Kalaburagi. The case of the petitioner is that the said lands are barren lands and are not at all cultivable and hence the petitioner applied for conversion of the said lands into non-agricultural residential purposes.

6. Counsel for the petitioner would submit that as per Section 95(3) of the Karnataka Land Revenue Act, 1964 (for short 'the Act'), if the Deputy Commissioner fails to inform the petitioner of a decision on an application made under Section 95(5) of the Act within a period of four months from the date of receipt of the application, the permission applied seeking conversion shall be deemed to have been granted. By relying on these provisions and also the judgment of this Hon'ble Court, counsel for the petitioner vehemently argues and submit to this Court that, since the Deputy Commissioner has failed to pass orders on the application, it shall be deemed that Deputy Commissioner has granted permission and once deeming provision is applied, the Deputy Commissioner is required to accept the conversion fees and penalty and thereafter has to proceed to issue conversion certificate.

7. The petitioner has also placed the judgment of this Hon'ble Court wherein in similar circumstances, this Court has held that once the Deputy Commissioner fails to act on the application within the period prescribed, the deeming clause would immediately come into play and the Deputy Commissioner has to accept the prescribed conversion fees and penalty and proceed to issue conversion certificate.

8. For the reasons stated supra, the writ petitions are allowed and the respondent/Deputy Commissioner is directed to accept the conversion fees and penalty in accordance with the law and thereafter issue conversion certificate within four weeks from the date of receipt of copy of this order.