MANIPAL INDUSTRIES LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this writ petition is directed against the notification issued by the special deputy commissioner who is the 3rd respondent herein, a copy of which is annexure-s under Section 79-b of the Karnataka Land Reforms Act, 1961 (in short 'the Act, 1961').

(2.) the petitioner is an industrialenterprise holding a total extent of lands measuring 63 acres and 64 cents. The lands were purchased by the petitioner under a registered sale deed dated 3-5- 1962 for valuable consideration and a copy of the sale deed is annexure-A. Even at the time of purchase of the said lands, the lands were being used for industrial purpose by the vendor and the lands continued to be so after the petitioner purchased the same. The petitioner proceeded to set up some more industries on the purchased lands and according to the petitioner, the lands had been put to use continuously for industrial purpose only. On 15-6-1984, a declaration in form No. 30 was filed by the petitioner wherein it was described that the entire lands had been in possession and enjoyment of the petitioner for non-agricultural purpose and particularly for the installation of the tile factory machineries and equipments pertaining to M/s. madi tile works, which carried on the activity of stocking, removal of clay and for providing raw materials for the purpose of cutting wood and clay necessary for running the tile industry. In the said declaration it was also clearly stated that simitar activity was being carried on since 1962 by the predecessor in title. It was further mentioned in the said declaration that in regard to items 38 to 56 of Annexure-A therein, the petitioner had already moved the assistant commissioner, coondapur to permit conversion of lands for non-agricultural purpose under the provision of the Karnataka land revenue Act, 1964 (in short 'the Act, 1964') since the petitioner intended to expand its business activity.

(3.) it is stated that after an application was made by the petitioneron 30-5- 1974 to the assistant commissioner, coondapur in accordance with Section 95 of the Act, 1964, though it was acknowledged by the assistant commissioner on 30-5-1974 calling upon the petitioner to produce 'no due certificate' along with the application and accordingly the petitioner re-presented the application together with 'no due certificate' on 15-6-74, it was only on 22-6-1977 an endorsement was issued by the assistant commissioner which was served on the petitioner on 24-6-1977 rejecting the request of the petitioner for grant of conversion. It is stated that by virtue of efflux of statutory period, the lands mentioned in the application ceased to be agricultural in character and conversion was deemed to have been granted. Meanwhile, after the declaration was submitted by the petitioner in form No. 30 on 15-6-1974, a government notification dated 27-8-1979 was published in the Karnataka gazette of 6th september, 1979 and the same reads as follows in respect of a total extent of lands measuring 63 acres and 64 cents: