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L ASHOK – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 3614/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JULY 2021
BEFORE
THE HON9BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.3614/2021 (KLR CON)
BETWEEN :
L. ASHOK
S/O. LATE V.LAKSHMINARAYANA REDDY
AGED 48 YEARS
R/AT WARD NO.9, BAGEPALLI TOWN
KASABA HOBLI
BAGEPALLI TALUK - 561 207
CHIKKABALLAPURA DISTRICT
... PETITIONER
(BY SRI. B.RAMESH, ADVOCATE)
AND :
1.
STATE OF KARNATAKA
DEPARTMENT OF RURAL DEVELOPMENT
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
REPRESENTED BY ITS SECRETARY
2.
STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
REPRESENTED BY ITS SECRETARY
2
3.
THE DEPUTY COMMISSIONER
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPUR - 562 101
4.
THE EXECUTIVE ENGINEER
PWD DEPARTMENT
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPUR - 562 101
5.
THE ASSISTANT EXECUTIVE ENGINEER
PWD DEPARTMENT
BAGEPALL SUB DIVISION
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPUR - 561 207
6.
THE JOINT DIRECTOR
DEPARTMENT OF TOWN AND COUNTRY PLANNING
NO.21/7/88, 1ST FLOOR
BEHIND PHARMACY COLLEGE
TG BANK ROAD
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPUR - 561 207
7.
THE ASSISTANT DIRECTOR
DEPARTMENT OF TOWN AND COUNTRY PLANNING
NO.21/7/88, 1ST FLOOR
BEHIND PHARMACY COLLEGE
TG BANK ROAD
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPUR - 561 207
... RESPONDENTS
(BY SRI. R.SUBRAMANYA, AAG A/W
SRI. SRINIVASA GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ENDORSEMENT DATED 22.12.2020 ISSUED
BY THE DEPUTY COMMISSIONER, CHIKKABALLAPUR I.E.,
3
R-3 WHICH IS PRODUCED AND MARKED AS ANNEXURE -
Q AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioner, who asserts ownership of 0.15
guntas of the land in Sy.No.30/1 of Yetagadapalli
Village, Kasaba Hobli, Bagepalli Taluk, Chikkaballapura
District ('the Subject land), has filed this petition
impugning:
a. the
Endorsement
dated
22.12.2020
(Annexure-Q)
issued
by
the
Deputy
Commissioner, Chikkaballapur District,
Chikkaballapur (the third respondent);
b. the Report dated 23.10.2019 (Annexure -
R1) from the office of the Assistant
Director,
Department
of
Town
and
Country
Planning
(the
seventh
respondent); and
4
c. the Report dated 09.01.2020 (Annexure -
R2) from the Joint Director, Department
of Town and Country Planning (the sixth
respondent).
The petitioner has also sought for directions to the
Deputy Commissioner, Chikkaballapura District, to
issue Conversion/Diversion order permitting the subject
land to be used for commercial purposes.
2.
The learned counsel for the petitioner
submits that the petitioner is entitled to put the subject
land to commercial use viz., a petrol retail outlet. As
such, the petitioner has submitted an application with
the third respondent [the Deputy Commissioner,
Chikkaballapur District, Chikkaballapura] for accord of
permission for such diversion. The petitioner has
approached
this
Court
in
W.P.No.12266/2020
(KLR/CON) because the application is not considered.
5
This Court has disposed of the writ petition in
W.P.No.12266/2020 by the order dated 04.11.2020
directing the Deputy Commissioner to consider the
petitioner's application under Section 95(7)1 of the
Karnataka Land Revenue Act, 1964 (for short, 8the KLR
Act').
3.
The third respondent thereafter, relying
upon the Reports [as per Annexures - R1 and R2] from
the sixth and seventh respondents, has issued the
Endorsement
as
per
Annexure-Q
rejecting
the
petitioner's application.
The sixth and seventh
respondents in their respective reports have observed
that there must be a road margin of 40 meters, and
after the necessary road margin, there must be an area
measuring 30 meters x 30 meters for the purposes of
establishing a petrol-diesel outlet, but such extent
1
It is observed that there is a
