SUHAIL REHAMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who claims to be the absolute owner of the agricultural land bearing Sy.No.177/5 (old No.177) measuring to an extent of 0-35 1/2 guntas situated at Lalithadripura village, morefully described in the schedule to the writ petition (hereinafter referred to as 'the schedule land'), is before this Court for a writ of certiorari to quash the Endorsement order dated nil issued by the Deputy Commissioner in respect of the schedule land as per Annexure-C and a writ of mandamus directing the Deputy Commissioner to formally issue an order of conversion under the provisions of Section 95 of the Karnataka Land Revenue Act, 1964 ('the Act' for short) by collecting conversion fine as required under Section 95(7) of the Act in respect of the schedule land belonging to the petitioner.

(2.) It is the case of the petitioner that he purchased the schedule land under the registered sale deed and filed an application under Section-95 of the Act seeking conversion of the land use of the schedule land from agricultural to residential purposes. The Deputy Commissioner has issued an online Endorsement order, rejecting the application filed by the petitioner in respect of schedule land without giving any reasons. It is further contended that Mysore Urban Development Authority ('MUDA' for short) has issued a 'land use certificate' as per Annexure-D dated 23.12.2019 confirming that the schedule land belonging to the petitioner is situated within the residential zone in the Master plan 2031. Inspite of the same, the Deputy Commissioner without issuing the conversion order exercising the powers under the provisions of Section 95 of the Act, proceeded to issue the impugned Endorsement order erroneously. Hence, the present writ petition is filed for the relief sought for.

(3.) Learned AGA filed statement of objections and contended that the State Government in order to expedite the process of conversion, has issued the Government Order dated 20.2.2019 and formulated the procedure for conversion of land from agricultural purpose to nonagricultural purpose, wherein some conditions are imposed. It is contended that the land in question falls within the jurisdiction of MUDA and accordingly, as per the online procedure, the application has been forwarded to the concerned authority to obtain NOC. As per the procedure, the MUDA has sent the remarks online, that the purpose of conversion applied by the applicant does not match with the purpose for which it is reserved in 'Master Plan to proposed Land use Map plan' and recommended to reject the said application.