SHARBAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for issuance of a writ in the nature of certiorari quashing the impugned notice dated 28-5-1993 issued by the second respondent as per Annexure-A demanding a sum of Rs. 7,200/- towards the conversion fine in respect of an area measuring 60,000 sq. feet in Survey No. 5/2 of Honnalli Village, Lingasugur Taluk, Raichur District.

(2.) The learned counsel for the petitioner submits that Rule 107 of the Karnataka Land Revenue Rules, 1966 provides for levy of fine for conversion of agricultural lands for non-agricultural purposes as per the table of fine appended to Rule 107. According to the said table, different rates of fine are prescribed for lands situated in different parts of the State of Karnataka.

(3.) The land in question falls under Serial No. 5 of the table i.e., 'other places'. The rate of fine prescribed under Rule 107 for conversion of land for residential purposes in respect of 'other places' is 0.03 ps. per square foot. According to the learned counsel for the petitioners, respondent No. 2 could have levied conversion fine of Rs. 1,800/- i.e., at the rate of 0.03 paise per square foot. Instead the second respondent has directed the petitioner to pay a sum of Rs. 7,200/- as per Annexure-A which would work out to Rs. 0.12 paise per square foot.