MOHAN KUMAR Vs. DEPUTY COMMISSIONER KALABURAGI

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader. In all the above said petitions the following prayers have been sought:

(2.) In the above said writ petitions, the petitioner has made an application seeking, conversion of lands bearing Sy.No. 261/3 measuring 7 acres 32 guntas; Sy.No.258/1 measuring 4 acres 39 guntas, Sy.No.259/1 measuring 3 acres, Sy.No.260, measuring 5 acres 15 guntas and Sy.No.261/1, measuring 4 acres 26 guntas and also for Sy.No.258/3 measuring 4 acres 24 guntas and Sy.No.259/3 measuring 4 acres 24 guntas situated at Khandal village, Tq. and Dist: Kalaburagi. It is contended by the petitioner that, his father has made an application for conversion of the said lands under section 95(5) of the Karnataka Land Revenue Act on 09.09.2015 as per Annexure-K. Inspite of lapse of 4 months, no orders have been passed. Therefore, when no order has been passed, it is deemed conversion order as per said provisions. In spite of his repeated requests and demands, the respondent Deputy Commissioner has not been processing the papers by issuing certificate of conversion in respect of the said lands. On the other hand, the Deputy Commissioner has issued an endorsement dated nil.05.2018 as per Annexure-Z stating that the petitioner has not submitted the required documents for the purpose of processing his application for conversion of the lands. Therefore, his application was closed.

(3.) Learned High Court Government Pleader brought to the notice of this Court that, underneath the digital signature in Annexure-Z by the competent authority, the date is mentioned. On examination of Annexure-Z, it appears that the said endorsement was digitally signed on 01.06.2018. Therefore, it goes without saying that though the application was filed in the year 2015, even considering the submission made by the learned counsel for the petitioner, the said application was received under Sakaal scheme on 21.11.2015 but the endorsement which is impugned shows that, it was issued in the year 2018. Though in another writ petition No.203840/2018 and Nos.204517- 519/2018, endorsement was issued on 22.03.2016 but the said endorsement has also exceeded 4 months in all as stipulated in the said provision. As could be seen the application for conversion of the lands though filed in the year 2015 before completion of 4 months, no endorsement or order was issued by the Deputy Commissioner.