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Judgment
Prasanna B. Varale, CJ
Sri S.S.Mahendra, the learned Principal Government Advocate accepts notice for the respondents.
Heard the learned counsel for the petitioner.
By way of the present petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following relief:
“Issue a writ of mandamus or any other writ or direction, directing the respondent No.2 to consider the Application dated 01-09-2023 filed by the Petitioner for seeking Deemed Conversion Order in respect of the land bearing Sy.No.102/2 measuring 5 acres 13 guntas situated at Ullagadi Khanapur Village, Belagavi Hukkeri 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 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.”
The grievance of the petitioner is that in spite of an application being submitted by him on 01.09.2023 vide Annexure-E seeking Deemed Conversion Order in respect of the land bearing Sy.No.102/2 measuring 5 acres 13 guntas situated at Ullagadi Khanapur Village, Hukkeri Taluk, Belagavi District under Section 95(9) of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act’), the concerned Authority has been insisting to apply through online to obtain Deemed Conversion order and if not, the quarrying licence will not be issued. Hence, the petitioner has approached this Court seeking for the aforesaid direction.
Both the learned counsel for the parties submit that the issue involved in this petition is squarely covered by the decision of this Court in Writ Petition No.11267/2022 dated 16.06.2022 and this petition may be disposed of in terms of the order passed in the said writ petition.
We have perused the order passed in the aforesaid writ petition. We are of the opinion that the issue involved in the present writ petition is squarely covered by the order of this Court in the aforesaid writ petition. We concur with the order passed by this Court in the aforesaid writ petition.
In view of the above, we pass the following:-
ORDER
a) The writ petition is allowed.
b) The petitioner shall submit all required documents for consideration of the said application dated 01.09.2023 vide Annexure-E within a period of one week from the date of receipt of a copy of the order.
c) Respondent No.2-Deputy Commissioner is directed to consider the application dated 01.09.2023 vide Annexure-E along with the documents, if not already decided and shall communicate the conversion fine amount payable for conversion in accordance with Rule 107 of the Karnataka Land Revenue Rules, 1966 to the petitioner within a period of three weeks from the date of receipt of the documents.
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.
e) We make it clear that if deemed conversion is granted, the petitioner would be entitled to use the said land for non-agricultural purpose of quarrying activities only upon obtaining necessary licence, if not already obtained and to adhere to the relevant Acts and Rules relating to quarrying activities.