K. YASHODA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned Additional Government Advocate accepts notice for the respondents.

(2.) Petitioner is the owner of the land bearing Sy.No.322/E1/B measuring 49 cents situated at Jambunathanahalli, Tq: Hosapete, Dist: Vijayanagar which falls within the Municipal limits of Hosapete. Petitioner filed an application on 16/3/2022 under Sec. 95 of the Karnataka Land Revenue Act with respondent No.2-Deputy Commissioner to permit him to divert his land for the residential purposes. However, respondent No.2 has not considered the request of the petitioner for diverting the land in question for residential purposes even to this date. The petitioner is ready and willing to deposit the conversion fee. Hence, this writ petition.

(3.) It is not in dispute that the land in question is situated within the Municipal limits of Hosapete. A co-ordinate Bench of this Court in W.P. No.105734 of 2016 disposed of on 21/2/2018 has held that if the land falls within the Corporation limits, the provisions of Karnataka Land Revenue Act ceases to apply to the said land. The order passed in the said writ petition was confirmed by the division bench of this Court in W.A. No.100124 of 2018. In an appeal filed before the Hon'ble Supreme Court by the Urban Development Authority against the judgment passed in the said writ appeal, the Hon'ble Supreme Court confirmed the order passed by this Court.