SAMILULLA KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought a direction against the respondents to consider his application dated 5-11-2012 (Annexure-B) and to extend the granite quarrying lease for a period of 20 years. The brief facts of the case are, that the petitioner is the owner in possession of Sy. Nos. 160/9 and 160/10 of Harve Village, Chamarajanagar Taluk and Chamarajanagar District, admeasuring 2 acres. The petitioner had obtained a quarrying lease with effect from 9-1-2002 for a period of 10 years (QL No. 489) for the purpose of extraction of black granite. The said lease has come to an end on 8-1-2012. He, thereafter, made an application for renewal of the lease. The grievance of the petitioner is that the said quarrying lease has not been renewed, on the premise that the land owned by him is a patta land and the conversion of the said land for non-agricultural activity has not been obtained. It is under these circumstances that a direction is sought against the respondents to extend the lease period from 10 years to 20 years with effect from 9-1-2002 and also to hold that there is deemed conversion of the lands in question.

(2.) We have heard learned Counsel for the petitioner and the learned Additional Government Advocate for the respondents and perused the material on record.

(3.) Learned Counsel for the petitioner has contended that in terms of the Central Rules namely, Granite Conservation and Development Rules, 1999 the quarrying lease has to be granted for a minimum period of 20 years. However, in the instant case, it had been granted for a period of 10 years. It is under these circumstances, an application for renewal was filed, in response to which, the authorities contended that conversion of the land is required under Section 95 of the Karnataka Land Revenue Act, 1964 (for short, 'the Act'). The petitioner had also filed an application seeking conversion of the lands, but the said application has not been considered. He, therefore, contended that in terms of Section 95 of the Act, the application filed for conversion of the lands must be held to be allowed and the quarrying lease must be extended for a period of 10 more years.