HABEEB KHANDASARI INDUSTRIES Vs. KARNATAKA APPELLATE TRIBUNAL

JUDGEMENT

(1.) The petitioner has presented this petition praying for quashing the order of the Karnataka Appellate Tribunal dismissing its appeal against the order of the Deputy Commissioner calling upon it to pay a conversion fine at the rate prescribed in the Rules which came into force long subsequent to the conversion deemed to have been granted as provided in Section 95(5) of the Karnataka Land Revenue Act, ('the Act' for short).

(2.) The petition has come up in the orders' list. By consent of both the counsel, it is taken up for final hearing and disposed of by this order.

(3.) The facts of the case, in brief, are as follow : The petitioner is an owner of a Khandasari industry in Mandya City. It owns 9 acres 30 1/4 guntas of land at Guttalu village in Mandya District. Under sub-section (5) of Section 95 of the Act, the petitioner applied to the Special Deputy Commissioner, Mandya, for according permission for using the land in question for non-agricultural purpose. The application was made on 28th January, 1983. Sub-section (5) of Section 95 of the Act reads :