Case Note & Summary
The petitioner, H.N. Venu, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petitioner sought a writ of mandamus directing the third respondent, the Deputy Commissioner of Chikkaballapur District, to issue an appropriate order of deemed conversion in respect of property bearing Sy.No.476, measuring 3 acres 10 guntas, situated at Yalagalahalli Village, Mandikal Hobli, Chikkaballapura Taluk and District. The grievance was that although an application was made for deemed conversion under sub-section (9) of Section 95 of the Karnataka Land Revenue Act, 1964, the respondents had not passed any orders on the application. The court heard the learned counsel for the petitioner and issued notice to the respondents. The learned Additional Government Advocate took notice on behalf of the respondents. The petition was taken up for final disposal forthwith. The court observed that the application for deemed conversion was pending and directed the third respondent to consider the application and pass appropriate orders in accordance with law within four weeks from the date of receipt of a copy of the order. The writ petition was disposed of accordingly.
Headnote
A) Land Revenue - Deemed Conversion - Section 95(9) of the Karnataka Land Revenue Act, 1964 - The petitioner applied for deemed conversion of agricultural land for stone crushing activity. The court directed the third respondent to consider the application and pass orders within four weeks, as the application was pending without decision. Held that the authority must process the application in accordance with law (Paras 1-4).
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's application for deemed conversion under Section 95(9) of the Karnataka Land Revenue Act, 1964, and issue an appropriate order.
Final Decision
The writ petition is disposed of with a direction to the third respondent to consider the petitioner's application for deemed conversion under Section 95(9) of the Karnataka Land Revenue Act, 1964, and pass appropriate orders in accordance with law within four weeks from the date of receipt of a copy of the order.
Law Points
- Deemed conversion under Section 95(9) of the Karnataka Land Revenue Act
- 1964
- Consideration of application for conversion of agricultural land for non-agricultural use
- Duty of authorities to process applications within prescribed time
Case Details
2020 LawText (KAR) (07) 103
Writ Petition No.8512 of 2020 (GM-MM-S)
Abhay S. Oka, Chief Justice, Nataraj Rangaswamy, Justice
B.V. Mallareddy, Advocate for Sri Chandrashekar C., Advocate; V.G. Bhanuprakash, Additional Government Advocate
State of Karnataka, The Principal Secretary of Govt. Department of Revenue, The Deputy Commissioner Chikkaballapur District, The Deputy Commissioner and District Stone Crushing & Licensing & Regulation Authority, Deputy Director and Member Secretary District Stone Crushing & Licensing Authority, The Thasildar Chikkaballapur Taluk
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Nature of Litigation
Writ petition seeking mandamus for deemed conversion of agricultural land for stone crushing activity.
Remedy Sought
Petitioner sought a writ of mandamus directing the third respondent to issue an order of deemed conversion under Section 95(9) of the Karnataka Land Revenue Act, 1964.
Filing Reason
The petitioner's application for deemed conversion was pending without any order from the respondents.
Issues
Whether the respondents are obligated to consider the petitioner's application for deemed conversion under Section 95(9) of the Karnataka Land Revenue Act, 1964.
Submissions/Arguments
Petitioner argued that despite making an application for deemed conversion, no orders were passed by the respondents.
Ratio Decidendi
The court held that the authority must consider the application for deemed conversion under Section 95(9) of the Karnataka Land Revenue Act, 1964, and pass orders within a reasonable time.
Judgment Excerpts
The grievance of the petitioner is that though an application was made for deemed conversion under sub-section (9) of Section 95 of the Karnataka Land Revenue Act, 1964, the respondents have not passed any orders on the application.
Hence, the petition is disposed of by directing the third respondent to consider the application made by the petitioner for deemed conversion under sub-section (9) of Section 95 of the said Act of 1964 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
Procedural History
The writ petition was filed on an unspecified date, came up for orders through video conferencing on July 1, 2020, and was disposed of on the same day after hearing counsel and issuing notice.
Acts & Sections
- Karnataka Land Revenue Act, 1964: Section 95(9)
- Constitution of India: Articles 226, 227
