SUBRAMANYASWAMY TRUST Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has sought for quashing the order at Annexure-S and consequently, sought for a direction to respondent to waive the conversion charges (fine) in respect of land bearing Sy. No. 125 of Hadhonahalli Village, Thubagere Hobli, Doddaballapura Taluk, Bangalore Rural District.

(2.) THE records disclose that the agricultural land bearing Sy. No. 125, measuring 2 acres 03 guntas is purchased by the petitioner-Trust through registered sale deed dated 14. 6. 1999. Copy of the sale deed is produced at Annexure-C. Initially the petitioner had filed application praying to convert 24 guntas of the said agricultural land for non-agricultural purposes. When the conversion fine was demanded by the Deputy Commissioner, the petitioner herein filed appeal No. 504/2000 before the Karnataka Appellate Tribunal, Bangalore. The said appeal came to be allowed and the matter was remanded back to the Assistant Commissioner, for fresh consideration. Thereafter the State Government by issuing an order as per Annexure-L, dated 8. 7. 2002, directed the Deputy Commissioner to exempt the petitioner from paying the conversion fine under Rule 108 (1) of the Karnataka Land Revenue Rules (for short hereinafter referred to as the 'rules ). Accordingly, 24 guntas of land in Sy. No. 125 was got converted for non-agricultural purposes without payment of conversion fine.

(3.) SUBSEQUENTLY, the petitioner filed one more application before the Assistant Commissioner for conversion of the land to the remaining extent of 1 acre 19 guntas of land. The conversion fine was demanded by the Assistant Commissioner. Thus, the petitioner filed a petition before the Deputy Commissioner praying for direction to the Assistant Commissioner to waive off the conversion fine under Rule 108 (1) of the Rules. The Deputy Commissioner seems to have recommended for waiver of the conversion fine to the State Government, but the State Government by issuing order dated 10. 1. 2007 vide Annexure-S, refused the prayer of the petitioner and consequently directed the petitioner to pay the conversion fine. The State Government has relied upon the Circular dated 13. 11. 2006 for coming to the conclusion. The said circular is in consonance with Rule 108 of the Rules. It merely clarified certain doubts. It is only consequential to Rule 108 of the Rules.