SHARFUNNISSA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE petitioner who is registered as occupant under Section 45 of Karnataka Land Reforms Act of 1961 (in short called as KLRF Act) in respect of 13 Acres 23 Guntas of land in Survey Nos. 169, 171 and 172 of Devanur village, Kasaba hobli, Mysore Taluk, is aggrieved by the order passed by the KAT dismissing the appeal and confirming the order passed by the 1st respondent refusing to convert the land from agricultural use to non-agricultural purpose. Hence, he has prayed to quash the endorsements issued by R-1 vide Annexures D and E dated 26/8/2002 and 4/11/2002 respectively and also to quash the impugned order at Annexure G dated 27/10/2003 urging various legal contentions.

(2.) THE learned Counsel for the petitioner Mr. Ravi Prakash has placed strong reliance upon the decision of this Court reported in 1986 (1) KLJ 237 (State of Karnataka Vs. The Ryots Agricultural Produce Cooperative Marketing Society Employees Co-operative Society Ltd. And ANR.) Wherein the provision of Section 95 of the Karnataka Land Revenue Act, 1964 (in short KLR Act) has been interpreted by this Court and law has been laid down as under : the Authority to grant conversion cannot refuse the same if it is not covered by the prohibitions contained in Section 95 of the Land Revenue Act. The alienation of agricultural lands in favour of disqualified persons are dealt with different laws, who has got its own machinery to deal with the breach of the laws and the Special Deputy Commissioner acting under Section 95 of the Act cannot assume those functions. The counsel has placed reliance upon the Division Bench Judgment of this Court reported in ILR 1988 (2) (Special Deputy Commissioner Vs. Narayanappa) wherein after interpreting Sections14 and 24 (1) of the Karnataka Town and Country Planning Act, 1961 (KTCP Act for short) and also Section 95 of the KLR Act with reference to Section 76m of the KTCP Act at Paragraph 13 it is held that, if a land fell within the ODP or CDP prepared for Bangalore Metropolitan Planning area the Special Deputy Commissioner, Bangalore, ceases to have any power under Section 95 of the Act, in view of the over-riding effect given to the provisions of the Planning Act by the Section 76m thereof over all other laws which includes The Land Revenue Act.

(3.) I have examined the correctness of the impugned orders passed by the 1st respondent and the KAT with reference to the undisputed fact that the petitioner is registered as an occupant in respect of the aforesaid agricultural lands by the Land Tribunal vide its order dated 12-3-1999 to her with a condition of non-alienation of the lands in question for a period of 15 years from the date of the order passed by the Tribunal as per Section 61 of the KLRF Act.