K. MAHADEVAMMA Vs. DEPUTY COMMISSIONER AND THE TAHSILDAR

JUDGEMENT

(1.) WRIT petitioner claims to be the owner of land bearing survey number 34/1 measuring 34 guntas located in Chamundi Hill Village, Mysore. The case of the petitioner is that she acquired title to this land through a sale deed dated 21.3.2001 executed in her favour by the erstwhile owner one B.S. Ramachandran and his family members.

(2.) IT is also the case of the petitioner that thereafter the revenue entries stood in the name of the petitioner. It appears writ petitioner had sought for permission to convert this agricultural revenue land for non -agricultural purpose, particularly, to build a commercial structure to start a Vegetarian Hotel in the subject land as it is claimed that the subject land was located close to Chamundi Hills Temple and had great tourist attraction etc. It is the version of the petitioner that the Village Panchayat with in which limits the subject land is located had also issued NOC for the conversion of land from agricultural to non -agricultural use.

(3.) WHAT is urged in this writ petition is that the Deputy Commissioner without due application of mind has passed the order mechanically and has refused permission for conversion of the subject land and having taken more than one year for disposal of the application, the application should be deemed to have been permitted and ordered and in such circumstances, there was no occasion for the Deputy Commissioner to later on reject the application by issue of impugned endorsement dated 23.4.2003 (copy at Annexure C). The tribunal has also not noticed that the order having been passed by the Deputy Commissioner after expiry of one year period, petitioner should be deemed to have been permitted for the change of land usage etc.