Allowed

Sri Lalji Ladharam Patel v. State of Karnataka

Karnataka HC11 Jun 2021WP/9301/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition seeking a writ of mandamus for the remittance of a conversion fine and deemed conversion of land. It deemed conversion granted upon payment of the fine but clarified that non-agricultural use requires a separate license under the Karnataka Regulation of Stone Crushers Act.

What did the court decide?

Conversion deemed granted in consideration of payment of the fine; petition discharged.

Sri Lalji Ladharam Patel Vs State of Karnataka — Mining and Natural Resources | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF JUNE, 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.9301/2021 (GM-MM-S)

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BETWEEN

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SRI LALJI LADHARAM PATEL SON OF LADHARAM PATEL AGED ABOUT 61 YEARS RESIDING AT NO.238/A THINDLU MAIN ROAD VIDHYARANYAPURA

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BENGALURU-560097 ...PETITIONER

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(BY SRI PRAKASH B S, ADVOCATE)

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AND

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1 . STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU-560001

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2 . STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES (MSME AND MINES), VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560001

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3 . THE COMMISSIONER AND DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVANA RACE COURSE ROAD BENGALURU-560001

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4 . THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY DISTRICT ADMINISTRATIVE BUILDING SIDDALAGHATTA ROAD CHIKKABALLAPUR-562103

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5 . THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR-562103 …RESPONDENTS

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(BY SRI S S MAHENDRA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE 5^TH RESPONDENT TO ISSUE APPROPRIATE CHALLAN FORTHWITH / WITHIN A TIMEFRAME FOR REMITTANCE OF FINE AMOUNT FOR CONVERSION AS PRESCRIBED UNDER RULE 107 OF THE KARNATAKA LAND REVENUE RULES, 1966 AND ETC.

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THIS WRIT PETITION COMING ON FOR FINAL DISPOSAL THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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A memo has been filed by the learned Additional Government Advocate placing on record the intimation issued to the petitioner quantifying the conversion fine. Hence, this petition can be disposed of in the light of the judgment and order dated 21^st November 2019 in W.P.No.35133/2019.

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2. Accordingly, we pass the following order:

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(i) On payment of conversion fine by the petitioner as

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mentioned in the memo, as per the application filed by the petitioner at Annexure-E, conversion shall be deemed to have been granted to him under sub-section (9) of Section 95 of the Karnataka Land Revenue Act, 1964;

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(ii) We make it clear that even if a deemed conversion as above is granted, the petitioner will be entitled to use the said land for non-agricultural purpose only after a licence in accordance with Section 3 of the Karnataka Regulation of Stone Crushers Act, 2011 is granted;

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(iii) The writ petition is disposed of on the above terms.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

bkv

Sri Lalji Ladharam Patel v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Lalji Ladharam Patel v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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