DEVENDRAPPA MANINANGAPPA MISHAP Vs. DY COMMR

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India is filed being aggrieved by the order passed by the Deputy Commissioner, Dharwad, wherein 3. 5 acres of land belonging to the petitioner comprised in Sy. No. 41/1 situated in Ayodhya village of Hubli Taluk, dharwad District, belonging to the petitioner has been forfeited to the Government for violating the provisions of conversion under Section 95 of the Karnataka Land Revenue Act (for short 'the act' ).

(2.) IT is the case of the petitioner that petitioner is the owner of the land in Sy. No. 41/1 situated in ayodhya village, Hubli Taluk, Dharwad District, measuring 3 acres 5 guntas. It was agricultural land and petitioner made an application for conversion and the same was granted and the Deputy commissioner has passed an order on 23. 11. 2001 forfeiting the land for violating the conditions of conversion in exercise of the power under Section 96 (1 ). It is the contention of the petitioner that no notice was served upon the petitioner before passing the impugned order dated 23. 11. 2001 and wherefore the order is passed in violation of principles of natural justice.

(3.) THE learned Counsel appearing for the petitioner submitted that the order has been passed alleging that the petitioner is using the land for non-agricnultural purpose without conversion and that the petitioner has not used land for non-agricultural use.