VENKATESHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is knocking at the doors of Writ Court for assailing the order dtd. 12/8/2021 made by the 2nd Respondent - Deputy Commissioner at Annexure-A under his request for conversion of the agricultural land to non-agricultural user.

(2.) Learned counsel for the Petitioner argues that the law prescribes a period of four months, for disposing off applications of the kind, his client is entitled to benefit of deemed conversion in terms of Sub-Sec. 5 of Sec. 95 of the 1964 Act if no order is made within the said period. Therefore, impugned order needs to be voided and declaration for deeming needs to be accorded. He also notifies to the Court that the Planning Authority has granted sanction vide order dtd. 16/8/2021 and that would also strengthen the case of his client.

(3.) learned AGA appearing for the official Respondents vehemently opposes the petition contending that conversion of agricultural land to non-agricultural user is a serious matter in a country which is predominantly dependant upon agriculture as the way of life; in order to seek benefit of deeming provision, the application has to be choate in all respects and only then such a benefit can be claimed and not otherwise. So contending, he seeks dismissal of the Writ Petition.