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Judgment
Mr.V.G.Bhanuprakash, learned additional government
advocate, accepts notice for the respondents. Therefore,
formal service of notice to them is dispensed with.
The Karnataka Land Revenue Act has been amended
by insertion of sub-Section (9) to Section 95 of the Karnataka
Land Revenue Act, 1964, with effect from January 8, 2015. It
contemplates that, where an application for conversion is made
for the purpose of quarrying minor minerals, whether specified
or non-specified, the owner must apply along with the fine
applicable to the Deputy Commissioner, for conversion of such
land. On such application, the permission for diversion of such
land shall be deemed to have been granted subject to obtaining
lease or licence or working permission.
In these cases, the request was made on March 15,
2017. Shrimati Lubna Fairoze, learned advocate appearing for
the writ petitioners submits that fine has been deposited and
the writ petitioners have the necessary permission.
Hence, under the provisions of the sub-Section (9) of
Section 95 of the said Act, the permission is deemed to have
been granted in favour of the writ petitioners, subject to
obtaining lease or licence or working permission of patta land.
Therefore, the writ petitions are allowed by recording
that the permission for conversion is deemed to have been
granted in favour of the writ petitioners.
We make no order as to costs.