M KOKILA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Appeal was heard and reserved on 24-3-2008. Since judgment could not be pronounced within three months, in view of the decision of Supreme Court, we got it listed to re-hear this case.

(2.) TODAY there is no representation on behalf of the appellant. We have perused the order passed by the learned single Judge. There is delay in filing the appeal. I. A. 1/2006 is filed to condone the same. Accepting the reasons mentioned and applying the ratio of the decision reported in AIR 2000 SC 2306 we allow I. A. I/2006 and condone the delay.

(3.) THE issue involved in this case is, whether the owners of Patta lands on, which quarrying activities are being carried on, are required to obtain conversion under Section 95 of the Karnataka Land Revenue Act of 1964, as quarrying of minor mineral is not agricultural operation. The learned single Judge has dismissed a batch of writ petitions, including that of the appellant herein, by the common order under appeal.