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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