M. Muninarayana Swamy and Another vs State of Karnataka and Others

K.L. Manjunath, J.—Heard. The appellants are owners of the property situated in City Municipal Council, Chikkaballapur, the Town Municipal Council of Chikkaballapur, collected the development charges and transferred the Khata to the name of the appellants by assigning Municipal Assessment Nos. 1672, 1673 and 1674, Sadhu Mutt Road, Ward No. 9, Chikkaballapur Town. The 2nd respondent-Deputy Commissioner, Chikkaballapur on the ground that the said property is required for the purpose of formation of road, unilaterally cancelled the Khata which was standing in the name of the appellants. Questioning the legality and correctness of the order passed by the Deputy Commissioner, Chikkaballapur dt. 22.2.2010 as per Annexure-K appellants approached the Learned Single Judge. The Learned Single Judge virtually granted the relief to the appellants except issuing a direction that the appellants are required to obtain a formal order of conversion from agricultural to non-agricultural purpose. Therefore, the present appeals are filed.

It is not in dispute that lands are situated in Ward No. 9 of Chikkaballapur Town and when the property situated within the Town Municipal Council area when Town Municipal Council has collected development charges from the appellants and granted plan for construction of the compound and in the planning area if it has lost the character of agriculture, the Deputy Commissioner will not get any right to cancel the Khata on the ground that the appellants have not obtained an order of conversion. Therefore, we are of the opinion that there is no necessity for the appellants to obtain conversion from agriculture to non-agriculture, if the area comes within the Town Municipal Council limits and in the background of Town Municipal Council collecting the developmental charges and treated as Municipal property. Accordingly, the Appeals are allowed. The order of the Learned Single Judge is modified. Annexure-K dt. 22.2.2010 issued by the Deputy Commissioner, Chikkaballapur is hereby quashed.