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SACHIN SHANKAR MAGADUM
Staney Herald D Souza S/O Late Maurice D Souza – Appellant
Versus
State Of Karnataka Rep. By Its Secretary, Revenue Department – Respondent
ORDER :
Sachin Shankar Magadum, J.
In the captioned petition, petitioner is assailing the endorsement dated 23.08.2016 issued by respondent No.2 vide Annexure-A denying conversion of petition land. The said order is under challenge.
2. The facts leading to the case are as under:
The petitioner’s father, Late Maurice D’Souza, filed Form No.7 under the Karnataka Land Reforms Act, 1961, claiming occupancy rights over the petition lands, as he was cultivating them. Simultaneously, one Martin Inthru D’Souza also filed Form No.7, asserting his occupancy rights over the same land. Given the existence of rival claims for tenancy, this Court, by its order dated 07.04.2006, referred the matter to the Land Tribunal, Udupi, for adjudication. Subsequently, both the petitioner and the rival claimant, Martin Inthru D’Souza, filed a joint compromise petition before the Land Tribunal, Udupi. In terms of the compromise reached between the parties, the Land Tribunal, Udupi, passed an order based on the joint compromise petition. Consequently, the earlier independent orders, dated 16.09.1981 in favour of the petitioner’s father and 09.09.1981 in favour of the rival claimant, were restored. This compromise
The Deputy Commissioner has the authority to refuse land conversion if it violates the non-alienation clause of the Karnataka Land Reforms Act, ensuring agricultural land is not misused.
The main legal point established is that under Sec. 95(9) of the Karnataka Land Revenue Act, 1964, the Deputy Commissioner is obligated to communicate the fine payable for conversion, and upon paymen....
Point of law : in case of a diverted land, the requirement of obtaining the permission under Section 4(2) of the Act does not arise as the permission has to be obtained only in respect of 'granted la....
The absence of a finalized Master Plan does not justify the rejection of land conversion applications, unless it is introduced and reserved for a specific purpose as per the Karnataka Town and Countr....
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