RAVINDRA KUMAR S/O. LATE BINODILAL GUPTA Vs. THE STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA VEEDHI BANGALORE, THE DEPUTY COMMISSIONER BIDAR AND THE TAHASILDAR TALUKA HUMNABAD DISTRICT BIDAR

JUDGEMENT

(1.) THOUGH matter is listed in Preliminary Hearing 'B' group, by consent of learned Advocates appearing for parties, matter is taken up for final disposal. Heard Sri K.M. Ghate, learned counsel appearing for petitioner and learned High Court Government Pleader appearing for respondent Nos. 1 to 3. Perused the writ papers.

(2.) PETITIONER claims to have purchased the land bearing Sy. No. 281/A measuring 8 acres situated at Chitguppa, Humnabad Taluk, Bidar District from M/s. Kanahiya Khandsari Sugar Mill. It is contended that petitioner has paid necessary charges of assessment under Section 83 (4) of Karnataka Land Revenue Act. On account of usage of land for non -agricultural purposes and non -payment of conversion fine thereof, a notice came to be issued on 23.06.1995 by the second respondent and sale notice came to be issued on 13.10.1995 Annexure -J by the third respondent. Being aggrieved by this action of respondent Nos. 2 and 3 petitioner approached this Court in W.P.No. 2151/1996. This Court by order dated 18.02.1999 held that Deputy Commissioner has not considered the payment of amount made by the petitioner as per Annexure -A before issuing a direction to Tahasildar to initiate recovery proceedings. In that view of the matter, writ petition came to be allowed, direction issued by the Deputy Commissioner dated 23.06.1995 Annexure -H and the warrant Annexure -J issued by the 3rd respondent therein came to be quashed reserving liberty to the Deputy Commissioner to reconsider the matter afresh after issuing notice to the petitioner.