MUTHAMMA Vs. SPECIAL DY COMMISSIONER

JUDGEMENT

(1.) IN this Writ Petition the petitioner is seeking a writ of mandamus directing the Deputy commissioner to accept the conversion fine and to issue Conversion Certificates pursuant to the notice at Annexure-A dated 1. 4. 1997 issued by the respondent.

(2.) STATEMENT of objections is filed on behalf of the respondent stating that despite notice as annexure-A the petitioner did not pay the conversion charges despite a further notice dated 18. 7. 1998. It is stated that petitioner having slept over the matter for over five years, has no right in the matter. It is further stated that the land in question is abutting the Government Flying training School, Jakkur Aerodrome and the authorities have requested the Revenue authorities not to grant permission for conversion and hence no permission for conversion is granted. Consequently, the respondent has prayed for dismissal of the Writ Petition.

(3.) IT is an admitted fact that permission for conversion of the land of the petitioner had already been granted. The only laches on the part of the petitioner is failure to remit the conversion charges within thestipulated period. Petitioner has made representation vide Annexure-B dated 15. 12. 2000 stating her financial problem and for issuing a fresh challan to remit the amount. Mere non-payment of conversion charges within the stipulated period will not nullify the order of conversion. At the most, the petitioner may not be entitled to the benefit of the conversion order until she fulfil the conditions imposed therein. There is no automatic cancellation of conversion order by virtue of non- compliance of terms and conditions. Hence, it cannot be treated as a fresh case seeking conversion.