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    SRI L S SHIVAKUMAR v. DEPUTY COMMISSIONER

    1

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 13THDAY OF JULY, 2020

    BEFORE

    THE HON'BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.1715/2020 (KLR CON)

    BETWEEN:

    Sri. L.S.Shivakumar S/o Siddalingaiah, Aged about 69 years, R/at No.34, 'Anugraha', Krishnamurthy Layout, K.T.Layout, 4thStage, Mysore - 570009. … Petitioner

    (By Smt. B.V. Vidyalatha., Advocate)

    AND:

    Deputy Commissioner Officer of the Deputy Commissioner, Mysore District,

    Mysore - 570001. ... Respondent (By Sri. Laxminarayana, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent to formally issue an order of conversion under the provisions of Section 95 of Karnataka Land Revenue Act 1964 by collecting conversion fine as required under Section 95(7) of the Karnataka Land Revenue Act 1964 in respect of the lands belong to the petitioner in respect of which acknowledgment are issued at Annexure-A, A1, A2, A3, A4, A5 to the writ petition.

    1

    This Petition coming on for Preliminary Hearing in B Group through video conference, this day, the Court made the following:-

    ORDER

    In the instant petition, petitioner has sought for the following reliefs:

    "1. Issue a Writ of Mandamus or any other similar Writ or Order or Direction, directing the Respondent to formally issue an order of conversion under the provisions of Section 95 of Karnataka Land Revenue Act 1964 by collecting conversion fine as required under Section 95(7) of the Karnataka Land Revenue Act, 1964 in respect of the lands belonging to the petitioner, in respect of which acknowledgments are issued at Annexure-A, A-1, A-2, A-3, A-4 and A-5 to the writ petition.

    2. Pass such other suitable writ or order or direction as this Hon'ble Court deems fit to grant in the facts and circumstances of the case and in the interest of justice and equity."

    2

    2. The grievance of the petitioner is only for issuance of a writ of mandamus to the sole respondent to examine the petitioner's grievance relating to conversion of the land under Section 95 of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act' for short) read with Section 95(7) of the Act.

    3. Learned counsel for the petitioner submitted that grievance of the petitioner has been effected through online. To that effect, acknowledgments have been furnished vide Annexure-A series. Since sole respondent has not considered the petitioner's grievance. Hence, this petition.

    4. The question for consideration in the present petition is "whether petitioner is entitled for the relief sought for in the present writ petition or not?"

    3

    5. Undisputed facts are that the petitioner has submitted online application for conversion of certain lands under Section 95 of the Act read with Section 95(7) of the Act. Since respondent has not taken any decision either accepting or rejecting the petitioner's grievance in accordance with law, so also considering the decision passed in W.P. No.49344/2016 decided on 21.02.2017. Respondent is hereby directed to redress the petitioner's grievance in accordance with law, within a period of three months from the date of receipt of copy of this order and he is also hereby directed to communicate the decision to the petitioner at the earliest. With the above observations, the writ petition stands disposed of.

    Sd/-

    JUDGE

    MBM

    4

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    SRI L S SHIVAKUMAR v. DEPUTY COMMISSIONER
    (Jul 13, 2020)