Allowed

Sri. Khandu v. the State of Karnataka

Karnataka HC21 Feb 2024WP/2947/2024

Case brief

AI extract

What is this about?

Petitioners sought a direction to the Deputy Commissioner to decide their application for deemed conversion of agricultural land to non-agricultural use for sand extraction. Relying on an earlier decision, the court allowed the petition and directed the Deputy Commissioner to fix conversion fine under Rule 107 and pass a deemed conversion order within fixed timelines.

What the court decided

AI extract

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

¶1

¶2

NC: 2024:KHC:7333-DB WP No. 2947 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 21^ST DAY OF FEBRUARY, 2024

¶5

PRESENT

¶6

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

¶7

AND

¶8

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

¶9

WRIT PETITION NO. 2947 OF 2024 (GM-MM-S)

¶10

BETWEEN :

¶11

SRI. KHANDU S/O SHRIMANTHA HAIBATTI AGED ABOUT 53 YEARS OCC: BUSINESS R/O GATTINA STREET KADROLLI VILLAGE BELAGAVI – 591 153

¶12

Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

¶13

SRI RAMCHANDRA S/O SHRIMANTHA HAIBATTI AGED ABOUT 48 YEARS OCC: BUSINESS R/O GATTINA STREET KADROLLI VILLAGE BELAGAVI – 591 153

¶14

…PETITIONERS

¶15

(BY SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE)

¶16

AND :

¶17

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

¶18

¶19

NC: 2024:KHC:7333-DB WP No. 2947 of 2024

¶20

THE DEPUTY COMMISSIONER BELAGAVI DISTRICT BELAGAVI – 590 001

¶21

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

¶22

…RESPONDENTS

¶23

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

¶24

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 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 DEEMED CONVERSION ORDER IN RESPECT OF THE LAND BEARING Sy.No.304 MEASURING 1 ACRE 6 GUNTAS OUT OF 5 ACRES 25 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 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.

¶25

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

¶26

ORDER

¶27

This writ petition is filed with the following prayer:-

¶28

“Issue a writ of mandamus or any other writ or direction, directing the respondent No.2 to consider the Application dated

¶29

3 - NC: 2024:KHC:7333-DB WP No. 2947 of 2024

¶30

11/12-12-2023 filed by the petitioners for seeking Deemed Conversion Order in respect of the land bearing Sy.No.304 measuring 1 Acre 6 Guntas out of 5 Acres 25 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.”

¶31

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

¶32

respondents – State.

¶33

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.

¶34

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

¶35

¶36

NC: 2024:KHC:7333-DB WP No. 2947 of 2024

¶37

4. In view of the above, we pass the following:

¶38

ORDER

¶39

(a) The writ petition is allowed ;

¶40

(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;

¶41

(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;

¶42

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;

¶43

e) We make it clear that if deemed conversion is granted, petitioners would be entitled to use the

¶44

5 - NC: 2024:KHC:7333-DB WP No. 2947 of 2024

¶45

said land for non-agricultural purpose of quarrying activities only upon obtaining necessary licence, if not already obtained. The petitioners 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.: 115

Sri. Khandu v. the State of Karnataka

Case brief

What is this about?

What the court decided

Sri. Khandu v. the State of Karnataka

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Triton Motors Vs the Authorised Officer

M/S. New Janapriya Super Speciality Hospital Vs M/S. Sri Venkateshwara Constructions

Sri. Mohammed Faisal Thota Vs State of Karnataka

Mr . Prakasha T Vs Smt. Vandita Sharma

Mr. M. Narayana Vs Smt. Vandita Sharma

Pradeepa K K Vs Sri Mohamad Mohsin, IAS