Allowed

Sri. Rudrappa v. the State of Karnataka

Karnataka HC21 Feb 2024WP/2693/2024

Case brief

AI extract

What is this about?

Petitioner sought mandamus directing the Deputy Commissioner to consider his application for deemed conversion of agricultural land to non-agricultural use for sand quarrying under Section 95(9). Court relied on its earlier decision in a similar case, allowed the petition, set document submission and decision timelines, and required quarrying licence compliance.

What did the court decide?

Mandamus directing respondent No.2 to consider the deemed conversion application, fix fine per Rule 107, and grant deemed conversion; subject to obtaining quarrying licence.

Sri. Rudrappa Vs the State of Karnataka — Mining and Natural Resources | Karnataka HC (2024)

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NC: 2024:KHC:7336-DB WP No. 2693 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF FEBRUARY, 2024

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PRESENT

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THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

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WRIT PETITION NO. 2693 OF 2024 (GM-MM-S)

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BETWEEN :

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SRI. RUDRAPPA S/O MALLAPPA HANABARATTI AGED ABOUT 59 YEARS OCC: BUSINESS R/O PANCHAYAT STREET KADROLLI VILLAGE BELAGAVI – 591 153

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…PETITIONER

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(BY SRI. SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE)

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AND :

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Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPTD BY ITS SECRETARY DEPT OF REVENUE, VIKAS SOUDHA, BENGALURU BENGALURU – 560 001

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THE DEPUTY COMMISSIONER BELAGAVI DISTRICT BELAGAVI – 590 001

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY BAUXITE ROAD KUMARASWAMY LAYOUT BELAGAVI – 590 001

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…RESPONDENTS

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(BY SRI S.S. MAHENDRA, PRL. GOVERNMENT ADVOCATE)

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2 - NC: 2024:KHC:7336-DB WP No. 2693 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION, DIRECTING THE RESPONDENT No.2 TO CONSIDER THE APPLICATION DATED 11/12-12-2023 FILED BY THE PETITIONER FOR SEEKING THE DEEMED CONVERSION ORDER IN RESPECT OF THE LAND BEARING Sy.No.307/3B+5 MEASURING THE 25 GUNTAS OUT OF 1 ACRE 12 GUNTAS SITUATED AT KADROLLI VILLAGE, KITTUR TALUK, BELAGAVI DISTRICT UNDER SECTION 95(5) OF KLR ACT (ANNEXURE-E) FROM AGRICULTURAL TO NON AGRICULTURAL PURPOSE i.e., FOR CARRYING ON QUARRYING ACTIVITIES FOR EXTRACTION OF ORDINARY SAND AND FURTHER DIRECT THE REVENUE AUTHORITIES TO COLLECT THE NECESSARY CONVERSION FINE/ CHARGES AS PER KARNATAKA LAND REVENUE RULES IN THE ENDS OF JUSTICE AND EQUITY.

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

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ORDER

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This writ petition is filed with the following prayer:-

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“Issue a writ of mandamus or any other writ or direction directing the respondent No.2 to consider the Application dated 11/12-12-2023 filed by the petitioner for seeking Deemed Conversion Order in respect of the land bearing Sy.No.307/3B+5 measuring 25 Guntas out of 1 Acre 12 Guntas situated at Kadrolli Village, Kittur Taluk, Belagavi District under Section 95(9) of KLR Act (Annexure-E) from agricultural to non agricultural purpose i.e., for carrying on Quarrying Activities for extraction of Ordinary Sand and further direct the Revenue Authorities to collect the necessary Conversion Fine/ Charges as per Karnataka Land Revenue Rules in the ends of justice and equity.”

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2. Heard Shri Shivalli Shivayogi Yallappagouda, learned

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advocate for the petitioner and Shri S.S.Mahendra, learned

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3 - NC: 2024:KHC:7336-DB WP No. 2693 of 2024

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Principal Government Advocate for the respondents – State.

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3. Learned advocates on both sides jointly submitted

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that the issue involved in this petition is covered by decision of this Court in Sri Vasanth Mallappa Tashildar Vs. The State of Karnataka & Others¹ . They pray that similar order may be passed in this petition also.

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In view of the above, we pass the following:

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ORDER

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(a) The writ petition is allowed ;

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(b) The petitioner shall submit all required documents for consideration of the application dated 11/12.12.2023 vide Annexure-E within a period of one week from the date of receipt of copy of this order;

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(c) Respondent No.2 - Deputy Commissioner is directed to consider the application dated 11/12.12.2023 vide Annexure-E along with documents, if not already decided and shall communicate conversion fine amount payable

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1 W.P.No.22990/2023 DD 30.10.2023

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NC: 2024:KHC:7336-DB WP No. 2693 of 2024

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for conversion in accordance with Rule 107 of the Karnataka Land Revenue Rules, 1966 to the petitioner within a period of three weeks from the date of receipt of the documents;

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d) An order of deemed conversion shall be passed by respondent No.2 in terms of sub-section (9) of Section 95 of the Act within a period of two weeks thereafter;

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e) We make it clear that if deemed conversion is granted, petitioner would be entitled to use the said land for non-agricultural purpose of quarrying activities only upon obtaining necessary licence, if not already obtained. The petitioner shall adhere to the relevant Acts and Rules relating to quarrying activities.

No costs.

Sd/CHIEF JUSTICE

Sd/JUDGE

AHB, List No.: 1 Sl No.: 109

Sri. Rudrappa v. the State of Karnataka

Case brief

What is this about?

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Sri. Rudrappa v. the State of Karnataka

Case brief

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