Gopal Gowda, J.

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.I/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 had dismissed a batch of writ petitions, including that of the appellant herein, by the common order under appeal.

4. Learned Counsel for the appellant strongly relied upon the decision of this Court in M. Veeramadhu Vs Deputy Commissioner W.P. No. 4563/1987 and connected cases disposed of on 14-7-1987. Learned Additional Government Advocate contended that for carrying on mining activities in the Patta lands, conversion under Section 95 of Karnataka Land Revenue Act is required as quarrying is not agricultural operation. The Learned Single Judge elaborately gone into this legal issue with reference to various decisions of the Apex Court including the aforementioned decision in Veeramadhu's case of this Court and held that the observations made therein may constitute obiter dicta and not laying down ratio. The reasons assigned to arrive at such a conclusion are, in that case question of examining and interpreting Section 95 of the Act did not arise and secondly, ever since the decision rendered, Section 95 of the Act underwent considerable changes and therefore the decision rendered earlier to such amendments cannot be applied to the present provisions of the Act.

5. Patta lands are agricultural lands. In such lands agricultural operations have to be carried-out. As per Section 2(1) of Karnataka Land Reforms Act, 1961 "agriculture" includes acquaculture, horticulture, raising of crops, grass or garden produce, dairy farming, poultry farming, breeding of livestock and grazing. It does not include mining or quarrying. In view of availability of minor minerals in Patta lands, quarrying operations are being carried on. It amounts to change of land use from agricultural purpose to non agricultural purpose. Since it involves diversion of agricultural land to non-agricultural purpose, conversion is necessary under Section 95(2) of the Act, which reads:-

"95(2) If any occupant of land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose he shall not withstanding anything contained in any law for the time being in force apply for permission to the Deputy Commissioner who may, subject to the provisions of this Section and the rules made under this Act, refuse permission or grant it on such conditions as he may think fit:"

In, view of this specific provision, the Deputy Commissioner was justified in issuing the Endorsements impugned in the writ petitions and the Learned Single Judge has rightly dismissed the writ petitions holding that conversion is necessary to use the Patta lands for extracting minor mineral from them. We are in full agreement with the view taken by the Learned Single Judge and the order passed by him does not warrant interference by this Court in exercise of this Court's Appellate Jurisdiction and power.

6. We may also add that for doing agricultural operations, no conversion, license or permit is required whereas for carrying on mining operations to extract minor mineral, conversion under Section 95 of the Act, license defined under Section 2(k) and for their transportation permit defined under Section 2