H HIRIYANNAIAH Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) The question of law involved in these Writ Petitions since common, they are heard together.

(2.) The attack to the orders passed by the Divisional Commissioner under Section 56(3) of the Karnataka Land Revenue Act, 1964 is, such orders are illegal and without jurisdiction. Before arriving at a conclusion whether the orders passed under Section 56(3) of the Act by the Divisional Commissioner or the show cause notices issued by him under Section 56(3) of the Act which are also challenged in some of the Writ Petitions, are in accordance with law, it is proper to state a few facts.

(3.) As per the petitioners, they are the owners of certain agricultural lands situated within the Bangalore City or its surroundings. In view of the fast growing of the City and as it was difficult for them to cultivate the land as they were of small bits, they thought of converting the said lands from agriculture to non-agriculture, so that after conversion they can build their houses and start living therein. As law abiding citizens they gave applications together with documents to the Deputy Commissioner, Bangalore, to accord sanction for conversion of lands in question from agriculture to non-agriculture. The Deputy Commissioner who is the Competent Authority, after taking into consideration the request of the petitioners and the materials made available including the existing Comprehensive Development Plan, etc., accorded sanction under Section 95(4) of the Karnataka Land Revenue " Act 1964 to convert the lands in question from agriculture to non-agriculture, imposing certain conditions including payment of conversion charges as prescribed under the Rule 107(1) of the Karnataka Land Revenue (Amendment) Rules, 1984. Pursuant to the same, some of the petitioners paid necessary conversion charges and others were making preparation for payment of necessary charges. At that stage, the Divisional Commissioner issued show cause notices to some of the petitioners calling them to show cause why the order of conversion granted by the Deputy Commissioner should not be cancelled for the reasons mentioned in his show cause notices. The grounds mentioned in one of the show cause notices, which are similar in all the show cause notices, are extracted below: (Annexure-B in W.P. 6426 of 1990) "Recd. 23-10-1989 Office of the Divisional Commissioner, Bangalore Division, Vishweswaraiah Tower, Dr. Ambedkar Veedhi, Bangalore. No. ALN(B)CR 186/89-90 Dated: 27-9-1989 SHOW CAUSE NOTICE In your application dated 20-4-1989 conversion of 10 guntas extent of agricultural land in Survey No. 40/1 of Kadirenahalli village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore District was sought under Section 95(3) of the Karnataka Land Revenue Act, 1974 before the Special Deputy Commissioner (Revenue), Bangalore District, Bangalore and in the Official Memorandum No. B.DIS.ALN.SR(S) 58/89-90 dated 1-6-1989 conversion of the said extent of agricultural land for non-agricultural residential purpose has been sanctioned by the Special Deputy Commissioner (Revenue), Bangalore District, Bangalore. During routine inspection of subordinate offices, the file pertaining to the said sanction order has been examined. It is observed that sanction of conversion of agricultural land to non-agricultural residential purpose accorded in the Official Memorandum No. B.DIS. ALN.SR(S) 58/89-90 dated 1-6-1989 is contrary to law and facts because: