8 Jun 2023 11:01 AM GMT
The Karnataka High Court has directed the Principal Secretary, Revenue Department, to institute a mechanism for capturing the progress of applications which are filed under Section 95 of Karnataka Land Revenue Act for conversion. A single judge bench of Justice Suraj Govindaraj sitting at Kalaburagi said it has come across several matters where the applications which had been filed...
The Karnataka High Court has directed the Principal Secretary, Revenue Department, to institute a mechanism for capturing the progress of applications which are filed under Section 95 of Karnataka Land Revenue Act for conversion.
A single judge bench of Justice Suraj Govindaraj sitting at Kalaburagi said it has come across several matters where the applications which had been filed for conversion have not been acted upon by the concerned authority resulting in unnecessary litigation.
It thus directed the Department to institute a mechanism of capturing the applications, including (i) the date of application, (ii) the time taken for disposal thereof. Such details may be web hosted on the website of the concerned Deputy Commissioner, Court said.
The Department is also required to mention the date on which deemed conversion comes into effect in terms of Section 95(5). The provision stipulates that if the Deputy Commissioner fails to inform the applicant of the decision taken by it on an application made under Section 95, within a period of four months from the date of receipt of the application, the permission applied for is deemed to have been granted.
The direction was given while allowing the petition filed by one Abdul Rehman. The petitioner had filed an application under Section 95(2) of the Act, seeking for conversion of his land from agricultural to non-agricultural, residential purpose in 2020. Thereafter, an objection had been raised by the Revenue Inspector that there was a loan on the said property.
Pursuant to which Rehman repaid the said loan and a reconveyance deed came to be executed in August 2022. Subsequent thereto, the petitioner gave several representations for consideration of the application for conversion. However, no action was taken by the respondents. Following which he approached the court seeking direction to the respondent to consider his representation.
The court said Section 95(5) regarding deemed conversion would also apply once compliance with any of the objections has been completed by the applicant; thus giving a time period of four months to the Deputy Commissioner to raise any further objections for the conversion.
Since in this case no such objection had been raised after the earlier objection had been complied with by the petitioner, Court said Section 95(5) of the Act would come into play. "Thus, bringing about a deeming fiction in respect of the conversion of the land on account of the application not being processed within the said period.”
Accordingly it allowed the petition and directed the respondents to issue a formal conversion order within six weeks.
Case Title: Abdul Rehman And The Deputy Commissioner & others
Case No: WRIT PETITION NO. 202519 OF 2022
Citation: 2023 LiveLaw (Kar) 212
Date of Order: 30-05-2023
Appearance: Advocate Liyaqat Fareed Ustad for petitioner.
HCGP Maya T R for respondents.
Click Here To Read/Download Order