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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF MARCH, 2021

PRESENT

THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY

WRIT PETITION NO.2647 OF 2021(GM-MM-S)

BETWEEN:

SRI K SRINIVAS

S/O LATE M KRISHNAPPA

AGED ABOUT 57 YEARS

R/A No.201, 68^TH CROSS

5^TH BLOCK RAJAJINAGAR

BENGALURU – 560 010.

...PETITIONER

(BY SHRI PRAKASH B S, ADVOCATE)

AND:

1 . STATE OF KARNATAKA

REPRESENTED BY ITS

CHIEF SECRETARY

VIDHANA SOUDHA

BENGALURU – 560 001.

2 . STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

DEPARTMENT OF COMMERCE AND INDUSTRIES

(MSME AND MINES)

VIKASA SOUDHA

DR. AMBEDKAR VEEDHI

BENGALURU – 560 001.

3 . THE COMMISSIONER AND DIRECTOR

DEPARTMENT OF MINES AND GEOLOGY

KHANIJA BHAVANA,

RACE COURSE ROAD

BENGALURU – 560 001.

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4 . THE DEPUTY DIRECTOR

DEPARTMENT OF MINES AND

GEOLOGY

KANDAYA BHAVANA

(D. C’s OFFICE BLDG.)

RAMANAGAR – 562 127.

5 . THE DEPUTY COMMISSIONER

RAMANAGARA DISTRICT

RAMANAGARA – 562 127.

6 . THE ADDITIONAL

DEPUTY COMMISSIONER

RAMANAGARA DISTRICT

RAMANAGARA – 562 127.

…RESPONDENTS

(BY SHRI VIKRAM HUILGOL, AGA, FOR R-1 TO R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO i)

ISSUE A WRIT OF CERTIORARI OR ORDER OR DIRECTION IN

THE NATURE OF WRIT QUASHING THE ENDORSEMENT

DATED 29.7.2019 ISSUED BY THE DEPUTY COMMISSIONER,

RAMANAGAR

DISTRICT,

RAMANAGAR

BEARING

No.RAJIKA/ALN(KA)/CR/73/17-18. THE ORIGINAL OF THE

ENDORSEMENT DATED 29.07.2019 ISSUED BY THE DEPUTY

COMMISSIONER IS HEREWITH PRODUCED AND MARKED AS

ANNEXURE-A. ii) ISSUE AN ORDER, DIRECTION OR WRIT IN

THE

NATURE

OF

MANDAMUS

DIRECTING

THE

5^TH

RESPONDENT TO ISSUE APPROPRIATE CHALLAN FORTH

WITH/WITHIN A TIME FRAME FOR REMITTANCE OF FINE

AMOUNT FOR CONVERSION AS PRESCRIBED UNDER RULE

107 OF KARNATAKA LAND REVENUE RULES, 1966.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

ORDER

Notice was issued on 10^th February 2021. We have

heard the learned counsel appearing for petitioner and the

learned Additional Government Advocate for respondents.

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2. An application was made by petitioner on

10^th November 2014 for grant of deemed conversion in

accordance with Sub-Section (9) of Section 95 of the

Karnataka Land Revenue Act, 1964 (for short “the said Act”).

The challenge in this petition under Article 226 of Constitution

of India is to the order dated 29^th July 2019 passed by the

Deputy Commissioner, by which he observed that by

endorsement dated 29^th January 2015 the said application

dated 10^th November 2014 has been rejected on the ground

that the land subject matter of the said application was covered

by the Eco sensitive zone of Bannerghatta National Park.

3.

The learned counsel appearing for the petitioner

relied upon the judgment and order dated 21^st November 2019

in W.P.No.35133 of 2019 and submitted that the application for

deemed conversion could not have been rejected.

4. We have heard the learned Additional Government

Advocate for respondents.

5. Paragraphs 6 to 8 of the judgment and order passed

by this Court on 21^st November 2019 in W.P.No.35133 of 2019

read thus:

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“6. We have considered the submissions. Sub Section 9

of Section 95 of the said Act reads thus.

“(9) Whenever any occupant of land assessed or

held for purpose of agriculture wishes to divert

such land or any part thereof for the purpose of

quarrying of minor minerals, whether specified or

non specified in accordance with the rules

governing quarrying of minor minerals or stone

crushing activity under the Karnataka Regulation

of Stone Crushers Act, 2011 (Karnataka Act No.8

of 2012) shall make an application along with the

fine applicable to the Deputy Comm