V. Gopala Gowda, J.--The petitioner who is registered as an occupant under Section 45 of the Karnataka Land Reforms Act of 1961 (in short called as KLRF Act) in respect of 13 Acres 23 guntas of land in Survey Nos. 169, 171 and 172 of Devanur Village, Kasaba Hobli, Mysore Taluk, is aggrieved by the order passed by the KAT dismissing the appeal and confirming the order passed by the 1st respondent refusing to convert the Laud from agricultural use to non-agricultural purpose. Hence, he has prayed to quash the endorsements issued by R-l vide Annexures "D" and "E" dated 26.8.2002 and 4-11-2002 respectively and also to quash the impugned order at Annexure "G" dated 27.10.2003 urging various legal contentions.

2. The learned Counsel for the petitioner Mr. Ravi Prakash has placed strong reliance upon the decision of this Court reported in State of Karnataka v. The Ryots Agricultural Produce Co-operative Marketing Society Employees Co-operative Society Limited and Anr. 1986 (1) KARLJ 237 wherein the provision of Section 95 of the Karnataka Land Revenue Act, 1964 (in short KLR Act) has been interpreted by this Court and law has been laid down as under:

"The authority to grant conversion cannot refuse the same if it is not covered by the prohibitions contained in Section 95 of the Land Revenue Act. The alienation of agricultural lands in favour of disqualified persons are dealt with different laws, who has got its own machinery to deal with the breach of the laws and the Special Deputy Commissioner acting under Section 95 of the Act cannot assume those functions."

The Counsel has placed reliance upon the Division Bench judgment of this Court reported in Special Deputy Commissioner Vs. Narayanappa, ILR (1988) KAR 1398 wherein after interpreting Sections 14 and 24(1) of the Karnataka Town and Country Planning Act, 1961 ("KTCP Act" for short) and also Section 95 of the VKLR Act' with reference to Section 76M of the KTCP Act at Paragraph 13 it is held that,

'If a land fell within the ODP or CDP prepared for Bangalore Metropolitan Planning area the Special Deputy Commissioner, Bangalore, ceases to have any power under Section 95 of the Act, in view of the over-riding effect given to the provisions of the Planning Act by Section 76M thereof over all other laws which includes The Land Revenue 'Act.'

3. I have examined the correctness of the impugned orders passed by the 1st respondent and the KAT with reference to the undisputed facts referred to in the Writ Petition. It is an undisputed fact that the petitioner is registered as an occupant in respect of the aforesaid agricultural lands by the Land Tribunal vide its order dated 12.3.1999. Occupancy Certificate in Form No. 10 was issued on 25.3.1999 to her with a condition of non-alienation of the lands in question for a period of 15 years from the date of the order passed by the Tribunal as per Section 61 of the KLRF Act.

4. Section 62 of the KLRF Act stipulates that, if the person who has been registered as occupant under Chapter -III of the KLRF Act or his successor in title intends within six years from the date of such registration to give up personal cultivation of the land, he shall surrender the land to the State Government. The surrendered land shall be at the disposal of the State Government.

5. Undisputedly, 15 years period of non-alienation of the lands from the date of the order passed by the Tribunal stipulated under Section 61(1) of the Act is not yet over as on the date the petitioner sought conversion of the lands. There is no provision in the KLRF Act to relax the condition regarding non alienation of the lands either by the State Government or any other authority.

6. Section 60 of the KLRF Act postulates as follows:

'Failure to cultivate personally -

Notwithstanding anything contained in any law, if at any time after the tenant has been registered as occupant under any of the foregoing provisions, such tenant fails to cultivate the land personally for three consecutive years, he