MEHBOOB Vs. DEPUTY COMMISSIONER, DHARWAD DISTRICT AND ORS.

JUDGEMENT

(1.) The present writ petition has been filed challenging the order dated 15.02.2010 passed by 1st respondent in LNA CR:176 + 201/2009-10 whereunder the 1st respondent had refused the dealienation/diversion or conversion of land belonging to the petitioner under Section 95 of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act' for brevity) pursuant to an application by the petitioner seeking for conversion of agricultural land belonging to the petitioner to non-agricultural-industrial purposes.

(2.) The refusal made by 1st respondent is on the ground that there is no approach or access to the property belonging to the petitioner.

(3.) The petitioner states that the subject land comes within the urban developed area within the jurisdiction of HubliDharwad Urban Development Authority. The said land finds place in Comprehensive Development Plan issued by the said authority and has been reserved for industrial purposes in the said Comprehensive Development Plan. The petitioner states that both his land as also the land belonging to his neighbour has an approach road of 12 meters width and infact the land belonging to his neighbour has been converted from agricultural to non-agricultural purposes on the basis of the said road. Therefore, non conversion of the land belonging to the petitioner is discriminating in nature.