TATARAO Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The petitioner is before this Court seeking for a writ in the nature of mandamus to declare that the petitioner's land bearing R.S.No.287/5 situate at Koppal village is deemed to have been converted from agricultural to non-agricultural residential purposes by way of operation of deeming fiction under Section 95(5) of the Karnataka Land Revenue Act, 1964 and consequently direct the respondent-authority to collect the necessary conversion charges as payable on the date of deemed conversion.

(2.) The petitioner claims to be the absolute owner of land bearing R.S.No.287/5 measuring 1 acre 16 guntas of land within the limits of Koppal City. The petitioner intending to get his land converted from existing agricultural status to non-agricultural residential purposes had made an application on 20.02.2017 under Section 95(2) of the Karnataka Land Revenue Act, 1964 for the above purposes by enclosing all the relevant documents. Though the application was filed on 20.02.2017, respondent No.2 belatedly on 05.05.2017 directed respondent No.3 to conduct spot inspection and submit a report thereon within thirty days thereof.

(3.) On enquiry, Shri V.S.Kalasurmath, learned HCGP appearing for the respondents submits that this report was not filed.