Allowed

Sanjay W/O Yashwant Suntakar v. the State of Karnataka

Karnataka HC8 Nov 2024WP/104745/2024

Case brief

AI extract

What is this about?

Petitioner seeks conversion of agricultural land to non-agricultural purpose. Court held that since land falls within City Corporation limits per gazette notification, Section 95(2)(i) of KLR Act operates as a deeming provision. Writ of mandamus issued for conversion with collection of applicable fees within four weeks.

What did the court decide?

The respondent was directed to pass an order converting the land from agricultural to non-agricultural purpose and collect any applicable conversion fees within four weeks.

Sanjay W/O Yashwant Suntakar Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:16347 WP No. 104745 of 2024

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 08^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 104745 OF 2024 (KLR-CON)

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BETWEEN:

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SANJAY W/O. YASHWANT SUNTAKAR, AGE: 54 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. H NO.223, SIDDHESHWAR NAGAR, KANABARGI, TAL AND DIST: BELAGAVI-590015.

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…PETITIONER

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(BY SRI VITTHAL S. TELI, ADVOCATE.)

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AND:

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THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001.

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MALLIKARJUN RUDRAYYA KALMATH

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Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THE DEPUTY COMMISSIONER, BELAGAVI, COURT COMPOUND, BELAGAVI-590001.

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THE TAHASILDAR, BELAGAVI, RISALDAR GALLI, OLD CITY CORPORATION OFFICE, BELAGAVI-591302.

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THE ASSISTANT DIRECTOR OF LAND RECORDS AND CITY SURVEY OFFICER, CITY SURVEY, BELAGAVI, OLD ZP OFFICE, BELAGAVI-590002.

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…RESPONDENTS

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(BY SRI JAIRAM SIDDI, HCGP.)

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2 - NC: 2024:KHC-D:16347 WP No. 104745 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:

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I) ISSUE AN APPROPRIATE WRIT IN THE NATURE OF MANDAMUS OR DIRECTION DIRECTING THE RESPONDENT NO.2 TO ISSUE CONVERSATION ORDER BY CERTIFYING DEEMED APPROVAL FOR DIVERSION OF THE RS NO.32//4 MEASURING 11 GUNTHAS, RS NO. 32//11 MEASURING 11 GUNTHAS, RS NO.32//12 MEASURING 18 GUNTHAS AND RS NO.32//13 MEASURING 18 GUNTHAS SITUATED AT KANBARGI TAL AND DIST: BELAGAVI AS NA (NON-AGRICULTURAL) LAND AS PER SECTION 95(2)(I) OF THE KARNATAKA LAND REVENUE ACT (AMENDMENT ACT-2023) VIDE ANNEXURE “G”;

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II) ISSUE AN APPROPRIATE WRIT IN THE NATURE OF MANDAMUS OR DIRECTION DIRECTING THE RESPONDENT NO.2 TO DETERMINE THE CONVERSION FEES PAYABLE AS PER SUBSECTION (7) SECTION 95 OF THE KARNATAKA LAND REVENUE ACT 1964 AND ISSUE CHALLAN TO THE PETITIONERS TO DEPOSIT THE LAND CONVERSION FEES VIDE ANNEXURE “G” AND ETC.,.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Heard the learned counsel for the petitioner and the learned HCGP for the respondents.

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2. The petitioner submits that he is owner of the property bearing R.S.No.32//4 measuring 11 guntas, R.S.No.32//11 measuring 11 guntas, R.S.No.32//12 measuring 18 guntas and R.S.No.32//13 measuring 18 guntas, situated at Kanabargi in taluka and district Belagavi.

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3 - NC: 2024:KHC-D:16347 WP No. 104745 of 2024

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The properties of the petitioners were shown to be coming within the limits of Belagavi City by Gazette notification dated 06.03.2008. The petitioner made a representation dated 16.07.2024 Annexure-G to the 2^nd respondent to convert the said lands of the petitioner from agricultural to non agricultural purpose by collecting necessary fees. Despite this representation made, no action has been taken by the respondents. Hence, the petitioner is before this Court.

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3. It is the contention of learned counsel for the petitioner that once the land belonging to the petitioner comes within the Belgavi City Municipal Corporation and the same having been stated in the Gazette notification issued, the respondent ought to have converted the land to non agricultural purpose as contemplated under Section 95(2)(i) of the Karnataka Land Revenue Act (Amendment Act), 2023, on the ground that the land would be deemed to be converted. Having not done so, the petitioner is before this Court for the inaction of the respondents.

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4 - NC: 2024:KHC-D:16347 WP No. 104745 of 2024

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4. Learned counsel for the petitioner relies on the judgment of a Co-ordinate Bench of this Court in W.P.No.101075/2024 dated 21.02.2024, in support of his case. The provisions of section 95(2)(i) of the Karnataka Land Revenue Act is not in dispute by the learned HCGP. Learned HCGP further contends that the property if it is falling within the City Corporation limits and the same has been declared so through a gazette notification, section 95(2)(i) of the Karnataka Land Revenue Act would be squarely applicable to the case on hand.

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5. Under the circumstances, once the property falls within the City Municipal Corporation or Municipality, the provisions of section 95(2)(i) of the Karnataka Land Revenue Act would be attracted and it would be a deeming provision. Therefore, the respondents are duty bound to pass an order granting conversion of the agricultural land to non agricultural purpose as contemplated under the said provision. Having not done so, the respondents have committed an illegality, but the respondents ought to follow the due process of law, more specifically section 95(2)(i) of

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5 - NC: 2024:KHC-D:16347 WP No. 104745 of 2024

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the Act, more so when representation is filed seeking conversion of land.

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6. In view of the above, there may not be any requirement for the petitioner to seek permission to divert or convert the land from agricultural to non agricultural purpose in view of the lands of the petitioner coming within the Belagavi City Municipal Corporation limits. Under the circumstances, I pass the following:

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ORDER

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i) The petition is allowed.

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ii) A writ of mandamus is issued

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directing the respondents to pass suitable orders of conversion of the land of the petitioners from agricultural to non agricultural purpose by collecting any conversion fee, if so applicable and if not paid.

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iii) The compliance of this order shall be done in accordance with law, within a period of

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NC: 2024:KHC-D:16347 WP No. 104745 of 2024

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four weeks from the date of receipt of a copy of

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this order.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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MRK CT-MCK List No.: 1 Sl No.: 26

Sanjay W/O Yashwant Suntakar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sanjay W/O Yashwant Suntakar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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