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2022 Supreme(Online)(Kar) 36521

NAGESHRAO – Appellant
Versus
THE DEPUTY COMMISSIONER – Respondent


1.

The petitioners in this case are seeking for

quashing of the endorsements issued by the Deputy

Commissioner by which the Deputy Commissioner has

refused their request for permitting them to use their

agricultural lands for non-agricultural purposes and for a

consequential direction to issue a Conversion Certificate.

2.

The fact that the petitioners filed applications

seeking for permission to use their agricultural lands for

non-agricultural purposes as envisaged under Section

95(2) of the Karnataka Land Revenue Act, 1964 (for

short

8the

Act9)

on

22.08.2017,

18.08.2017

and

31.01.2018 is not dispute.

3.

It

is

not

in

dispute

that

the

Deputy

Commissioner failed to communicate his decision of

either grant or refusal of permission, within four months

as contemplated under Section 95(5) of the Act. As a

consequence, it is the case of the petitioners that the

7

permission that they had applied for is deemed to have

been granted.

4.

For the sake of clarity, the dates on which the

petitioners made the applications for permission and the

date on which the four months period expired and the

date on which the Deputy Commissioner intimated the

refusal of permission, are noted in the tabul

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