K RAMASWAMY Vs. ASSISTANT COMMISSIONER MYSORE

JUDGEMENT

(1.) ). WRIT Petition No. 1[35473] of 2000 is filed by the State seeking quashing of the orders of the Karnataka Appellate Tribunal passed in Appeal no. 438 of 1999 at Annexure-A.

(2.) THE other writ petitions are filed by the petitioners in respect of the same subject-matter which relates to a request for conversion of the lands bearing Sy. No. 291/1 measuring 24 guntas, Sy. No. 292 measuring 1 acre 36 guntas, Sy. No. 293/1 measuring 1 acre 35 guntas, Sy. No. 293/2 measuring 1 acre 26 guntas in all 6 acres 1 guntas situate in kodakola Village of Mysore Taluk. The petitioner made an application seeking conversion of the said lands for the non-agricultural purpose with a view to form housing layout. The Assistant Commissioner rejected the request for conversion on the ground that no proper road provisions are shown in the layout, layout plan submitted for seeking conversion. Being aggrieved by the said rejection, the appeal came to be filed before the Appellate Tribunal in No. 438 of 1999.

(3.) THE Appellate Tribunal on perusal of the material produced, as a matter of fact comes to the conclusion that proper road provisions have been made and accordingly, held that the view taken by the Assistant Commissioner is illegal and allowed the appeal and directed the Assistant Commissioner to grant the required permission after collecting necessary fee. Accordingly, the petitioner has paid necessary fee by making remittance and also furnished fresh necessary agreements with a required undertaking to be submitted to the authority before granting of conversion. Although, on the part of the petitioner all the required formalities have been completed, the Assistant Commissioner has not acted upon and kept the matter in cold storage. Therefore, the writ petition is filed by the petitioners seeking mandamus against the respondent to consider their applications and grant necessary conversion order.