SUNRAYS COMPOSTS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The essential grievance of the petitioner, regardless of the text of prayer in its pleadings is as to the subject land not being treated as deemed to have been converted to non-agricultural user by operation of law. Learned counsel for the petitioner submits that once the agricultural land is bought with prior permission as provided under sec. 109 of the Karnataka Land Reforms Act, 1961, there is no need for once again converting it with the orders of any authority. In support of his contention, he banks upon sec. 95(8) of the Karnataka Land Revenue Act, 1964. The counsel submits that whatever fine or fees lawfully payable shall be paid by his client on intimation.

(2.) Learned AGA appearing for the official respondents opposes the petition contending that even a deemed conversion as argued by the petitioner also requires some formal order to that effect; for issuance of such an order there are some formalities which the land owner has to satisfy. What are those formalities should be ascertained by him at the jurisdictional office itself. Without undertaking that exercise, petitioner has rushed to the Writ Court unjustifiably. So contending he seeks dismissal of the Writ Petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this court is inclined to grant indulgence as under and for the following reasons: