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2022 DIGILAW 1251 (KAR)

Ponnappa M. M. v. State of Karnataka

2022-09-21

R.DEVDAS

body2022
JUDGMENT R.DEVDAS, J. - The petitioner is aggrieved by the impugned endorsements issued at Annexures-'B' and 'D' dtd. 30/3/2022 and 27/5/2022, whereby the applications made by the petitioner seeking conversion of land have been rejected by the respondent No.2 - Deputy Commissioner, Kushalnagar, Kodagu District and respondent No.5 - Planning Member, Kushalnagar Town Planning Authority respectively. 2. Learned counsel for the petitioner submits that although there are no reasons specified in the endorsements, it has been told to the petitioner that since there is a revision of the Master Plan of Kushalnagar Town, the application seeking conversion of the land cannot be considered at this juncture. Learned counsel would draw the attention of this Court to a recent decision of this Court in the case of Smt.Muniyamma Vs.. The State of Karnataka and others in W.P.No.20670/2021 dtd. 1/12/2021. 3. On going through the said decision, this Court finds that similar reasons were assigned for rejection of the application seeking conversion. This Court found that the Master Plan is not yet introduced in the planning area and unless the same is reserved for the purpose as set out in the Karnataka Town and Country Planning Act, 1961, the respondent-authorities cannot deny the benefit of conversion of land for non agricultural purposes. This Court proceeded to allow the writ petition while setting aside the impugned endorsement, with a direction to the Deputy Commissioner to consider the application for conversion and pass necessary orders within a stipulated time failing which it was held that there shall be a deemed conversion of the agricultural land. 4. This Court finds that the case on hand is similar to the one referred to herein above. The decision earlier rendered was in respect of Malur Town, where Master Plan was yet to be introduced. In the present case the Master Plan is yet to be introduced in respect of Kushalnagar Town. Therefore, the petitioner is entitled for similar benefit. 5. In that view of the matter, this writ petition is allowed and the impugned endorsements dtd. 30/3/2022 and 27/5/2022 at Annexures " " B and D, respectively are set aside and the respondent " " The Deputy Commissioner, Kushalnagar, Kodagu District, is directed to consider the case of the petitioner forthwith without waiting the approval of the Final Master Plan for Kushalnagar planning area. 6. 30/3/2022 and 27/5/2022 at Annexures " " B and D, respectively are set aside and the respondent " " The Deputy Commissioner, Kushalnagar, Kodagu District, is directed to consider the case of the petitioner forthwith without waiting the approval of the Final Master Plan for Kushalnagar planning area. 6. It is needless to mention that in case if the respondent " " Deputy Commissioner does not consider the case of the petitioner within four months from today, the lands in question shall be deemed to be converted for nonagricultural residential purposes as provided under Sec. 95(5) of the Karnataka Land Revenue Act, 1964.