C.G. KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed questioning the order dated 19/21/6/2019 passed by the respondent No.3 as per Annexure-A. The petitioner has also sought a declaration to declare that the petitioner has deemed conversion of land by virtue of Sec. 95(9) of the Karnataka Land Revenue Act, 1964 (for short 'the Act').

(2.) The facts leading to the case are as under: The subject matter of the petition is agricultural land bearing Sy.No.148/2 measuring 1.32 acres situated at Honaganahalli Village, Pandavapura Taluk, Mandya District. The petitioner claims that the petition land was allotted to his share under registered partition deed dtd. 20/12/2004. The petition land consists of building stones in an area of 1.20 acres and therefore, the petitioner with a view to obtain quarry licence, submitted an application on 14/5/2015. On receipt of the application, the authority sought opinion from various departments. The jurisdictional Tahsildar after verification has endorsed that the petition land is a private patta land and has consequently granted 'No objection'. The Assistant Commissioner has also issued a certificate to that effect. The forest department has also issued 'No objection' for quarry licence in favour of the petitioner.

(3.) The petitioner thereafter submitted an application to the respondent No.4/Deputy Commissioner in terms of deemed conversion under sub-sec. (9) of Sec. 95 of the Act. Meanwhile, the respondent No.3 having received the report under Rule 8(5) of the Karnataka Minor Mineral Concession Rules, 1994 (for short 'the KMMC Rules'), issued a notification on 25/11/2017 notifying the grant of quarry licence in favour of the petitioner. However, the respondent No.4/Deputy Commissioner failed to pass appropriate orders on the application submitted by the petitioner. This compelled the petitioner to approach this Court and on receipt of notice, the Government Advocate produced endorsement dtd. 29/6/2019 inter alia stating that the application submitted for conversion of land is rejected.