Disposed

Anil S/O Balasab Patil v. the State of Karnataka

Karnataka HC23 Apr 2021WP/8123/2021

Case brief

AI extract

What is this about?

The Court permitted deemed land conversion for stone crusher activities under Section 95(9) of the Karnataka Land Revenue Act. The respondent was directed to communicate the payable conversion fine, and the petitioner was directed to pay it within three weeks to obtain deemed non-agricultural status while noting that actual conversion requires subsequent quarrying licensing.

What did the court decide?

Respondent to communicate conversion fine; Petitioner to pay within three weeks; deemed conversion granted upon payment.

Anil S/O Balasab Patil Vs the State of… — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF APRIL, 2021

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PRESENT

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THE HON’BLE MR.ABHAY S.OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION No. 8123 OF 2021 (GM-MM-S)

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BETWEEN:

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ANIL S/O BALASAB PATIL, PROPRIETOR OF CHANDRAMA GRAMODYOGA SOCIETY, (STONE CRUSHER), AGED 52 YEARS, R/O PATIL GALLI, BORGAON VILLAGE, NIPPANI TALUK, BELAGAVI DISTRICT – 591 239. ….PETITIONER

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(BY SRI S.Y.SHIVALLI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIKAS SOUDHA BENGALURU, BENGALURU – 560 001.

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THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT – 590 001. …RESPONDENTS

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(BY SRI VIKRAM HUILGOL, AGA)

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THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF

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MANDAMUS OR ANY OTHER WRIT OR DIRECTION, DIRECTING THE RESPONDENT No.2 TO CONSIDER THE APPLICATION DATED 01.04.2021 FILED BY THE PETITIONER FOR SEEKING DEEMED CONVERSION ORDER IN RESPECT OF THE LAND BEARING SY.NO.85/8 MEASRUING 1 ACRE 20 GUNTAS OUT OF 3 ACRES, SITUATION AT NEJ VILLAGE, CHIKKODI TALUK, BELAGAVI DISTRICT, UNDER SECTION 95(9) OF KLR ACT (ANNEXUR-E) FROM AGRICULTURAL TO NON AGRICULTURAL PURPOSE I.E., FOR CARRYING ON STONE CRUSHER ACTIVITIES AND FURTHER DIRECT THE REVENUE AUTHORITIES TO COLLECT THE NECESSARY CONVERSION FINE/CHARGES AS PER KARNATAKA LAND REVENUE RULES.

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

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ORDER

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Heard the learned counsel appearing for the petitioner.

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Issue notice to the respondents. The learned Additional

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Government Advocate takes notice for the respondents.

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This writ petition will be governed by the judgment and order dated 21^st November 2019 passed in Writ Petition No.35133/2019 and hence, we pass the following order:

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i) We direct the second respondent to communicate to the petitioner the conversion fine payable on the application made by the petitioner at Annexure-E for grant of deemed conversion, in accordance with subsection (9) of Section 95 of the Karnataka Land

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Revenue Act, 1964 and the amount shall be paid by the petitioner within a period of three weeks from today;

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ii) On payment of the conversion fine, the conversion shall be deemed to have been granted to the petitioner in accordance with sub-section (9) of Section 95 of the Karnataka Land Revenue Act, 1964 in terms of the application at Annexure-E;

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iii) We make it clear that notwithstanding the grant of deemed conversion, actual conversion shall be effected only if licence/lease is granted to the petitioner for carrying out the quarrying operations;

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iv) The writ petition is disposed of in the above terms.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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Anil S/O Balasab Patil v. the State of Karnataka

Case brief

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Anil S/O Balasab Patil v. the State of Karnataka

Case brief

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