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2011 Supreme(Kar) 41

D.V.SHYLENDRA KUMAR
N. Nanjappa – Appellant
Versus
State Of Karnataka – Respondent


Advocates appeared:
For the Petitioner:S.R. Krishnakumar, Advocate.
For the Respondents: R. OmKumar, AGA.

Judgment :-

1. Misc W No 328 of 2011 for early hearing is allowed and the writ petition is taken up for hearing.

2. Writ jurisdiction is not meant for issue of declaration in favour of a private person even assuming reliance is placed on some statutory provisions such as sub-section 5 of Section 95 of the Karnataka Land Revenue Act, 1964 [for short, the Act].

3. The present petition is by a person who, it appears had applied for conversion of his agricultural land for non-agricultural use to an extent of 4 acres 14 guntas in Sy No 155/2 of Kuduvathi village, Nandi hobli, Chikkaballapur taluk and district, in terms of his application dated 13-7-2009.

4. It is because the petitioner was aggrieved by the endorsement dated 19-4-2010 [copy at Annexure-K to the writ petition] issued by the Deputy Commissioner apprising the petitioner that the said application has been rejected for the reason that the petitioner has conveniently fenced of a public pathway that was existing in the subject land, as apprised by the tahsildar of the taluk etc.

5. Appearing on behalf of the petitioner, submission of Sri S R Krishnakumar, learned counsel, is that the statuary provisions enable the petitioner to












































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