Allowed

Sri. Adavayya v. the State of Karnataka

Karnataka HC21 Feb 2024WP/2787/2024

Case brief

AI extract

What is this about?

Petitioners sought mandamus directing the Deputy Commissioner to consider their application for deemed conversion of agricultural land for sand quarrying under Section 95(9) of the KLR Act. Following an earlier decision of this Court, the writ petition was allowed with timelines fixed for consideration, communication of conversion fine under Rule 107, and deemed conversion.

What the court decided

AI extract

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

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NC: 2024:KHC:7334-DB WP No. 2787 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. 2787 OF 2024 (GM-MM-S)

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BETWEEN :

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SRI. ADAVAYYA S/O SIDDAYYA VANNUR AGED ABOUT 75 YEARS OCC: BUSINESS R/O PETE STREET, KADROLLI VILLAGE BELAGAVI - 591 153

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Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

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SRI CHANDRAYYA S/O BASAVALINGAYYA VANNUR AGED ABOUT 59 YEARS OCC: BUSINESS R/O PETE STREET KADROLLI VILLAGE BELAGAVI – 591 153

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…PETITIONERS

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(BY SRI. SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE)

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AND :

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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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NC: 2024:KHC:7334-DB WP No. 2787 of 2024

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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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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 PETITIONERS FOR SEEKING DEEMED CONVERSION ORDER IN RESPECT OF THE LANDS BEARING Sy.No.306/1B MEASURING 20 GUNTAS OUT OF 1 ACRE 24 GUNTAS AND IN Sy.No.306/2 + 3/A MEASURING 18 GUNTAS OUT OF 2 ACRES 3 GUNTAS BOTH SITUATED AT KADROLI 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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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 petitioners for seeking Deemed Conversion Order in respect of the lands bearing Sy.No.306/1B measuring 20 Guntas out of 1 Acre 24 Guntas and in Sy.No.306/2+3/A measuring 18 Guntas out of 2 Acres 3 Guntas,

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3 - NC: 2024:KHC:7334-DB WP No. 2787 of 2024

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both 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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Heard Shri Shivalli Shivayogi Yallappagouda, learned advocate for the petitioners and Shri S.S.Mahendra, learned Principal Government Advocate for the

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respondents – State.

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Learned advocates on both sides jointly submitted 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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1 W.P.No.22990/2023 DD 30.10.2023

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NC: 2024:KHC:7334-DB WP No. 2787 of 2024

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(b) The petitioners 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 for conversion in accordance with Rule 107 of the Karnataka Land Revenue Rules, 1966 to the petitioners 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, petitioners 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

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NC: 2024:KHC:7334-DB WP No. 2787 of 2024

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petitioners shall adhere to the relevant Acts and Rules relating to quarrying activities.

No costs.

Sd/CHIEF JUSTICE

Sd/JUDGE