The petitioner who claims to be the owner of the land

bearing Sy.No.74 measuring 35 acres 01 gunta, Sy.No.5/1

measuring 6 acres 8 guntas and Sy.No.2/1 measuring 5

acres situated at Moodabola Village, Gundagurthi Hobli, Tq.

Chithapur, Dist : Kalaburagi has filed this instant writ petition

seeking writ of mandamus to consider the representation

submitted vide Annexures ‘B’ and ‘B1’ dated 14.06.2019

03.01.2020 respectively.

2.

Heard the learned counsel for the petitioner as

well as the learned Additional Government Advocate for the

respondents.

3.

It is the case of the petitioner that he has filed

application under Section 95(2) of the Karnataka Land

Revenue Act, 1964 seeking conversion of the aforesaid lands

3

from agricultural to non agricultural purpose. The said

application was rejected by the Deputy Commissioner,

Kalaburagi and an endorsement dated 27.05.2015 was

issued by the Deputy Commissioner which questioned by the

petitioner in an appeal before the Karnataka Appellate

Tribunal and the said appeal was allowed and the

endorsement dated 27.05.2015 issued by the respondent

Deputy Commissioner was set-aside and the respondent –

Deputy

Commissioner

was

directed

to

consider

the

application of the petitioner herein in accordance with law

within

a

period

of

two

months

from

the

date

of

communication of the said order, keeping in mind the

observations made by the Division Bench of this Court in Writ

Petition No.200561/2016 and Writ Appeal No.200013/2017

disposed of on 12.03.2019 after the disposal of the appeal by

the Karnataka Appellate Tribunal, the petitioner has given

representation as per Annexures 'B. and 'B1' on 14.06.2019

and 03.01.2020 respectively. But till today the respondent–

Deputy Commissioner has not complied the orders passed by

the Karnataka Appellate Tribunal in Appeal No.731/2015

4

disposed of on 12.03.2019. It is under these circumstances,

the petitioner is before this Court.

4.

Learned counsel for the petitioner submits that in

spite of the Karnataka Appellate Tribunal issuing a specific

direction to consider the representation of the petitioner

within the time frame till date the order passed by the

Karnataka Appellate Tribunal on 12.03.2019 has not been

complied with and even the representation submitted by the

petitioner subsequently have remained unconsidered and

under these circumstances the petitioner was constrained to

approach this court.

5.

Learned counsel for the petitioner submits that

though there is a specific order passed by the Karnataka

Appellate

Tribunal

directing

the

respondent–Deputy

Commissioner to consider the application filed by the

petitioner seeking conversion of the lands in question and

pass appropriate orders within a period of two months from

the date of communication of the orders passed by the

Karnataka Appellate Tribunal, till date no orders have been

5

passed. He submits that the order of the Karnataka Appellate

Tribunal was furnished by the petitioner while submitting

representation as per Annexure-B on 14.06.2019 and for the

last three years the respondent-Deputy Commissioner has

not complied the orders passed by the Karnataka Appellate

Tribunal.

6.

Per contra, learned counsel appearing for the

respondent submits that though steps have been taken by

the respondent – Deputy Commissioner to comply with the

orders of the Karnataka Appellate Tribunal passed in Appeal

No.731/2015 dated 12.03.2019 since the respondent has

sought for certain clarification from the petitioner the

respondent- Deputy Commissioner has not disposed of the

application submitted by the petitioner. He submits that if a

fresh representation is given to the respondent-Deputy

Commissioner, he shall consider the same and take

necessary steps to comply the orders of the Karnataka

Appellate Tribunal passed in Appeal No.731/2015 dated

12.03.2019.

6

7.

The material on record would go to show that the

Karnataka

Appellate

Tribunal

while

allowing

Appeal

No.731/2015 by its order dated 12.03.2019 has set aside the

endorsement