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THE BANGALURU URBAN DC NOT ISSUED CONVERSION CERTIFICATE DESPITE KAT ORDER

 
 
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THE BANGALURU URBAN DC NOT ISSUED CONVERSION CERTIFICATE DESPITE KAT ORDER
by System Administrator - Thursday, 10 September 2015, 3:25 PM
 

By : M.S.Yatnatti: Editor and Video Journalist Bengaluru : Banagluru DC has not issued conversion certificate despite KAT order .This only confirms reported deep rooted corruption in revenue offices in Karnataka state .The DC order in ALN(EVH)SR/258/2013-14 Dated 28-07-2014 has been set aside by KAT in Revenue Appeal 164/2015 dated 01-06-2015 . In view of deemed conversion as per section 95(5) of land revenue Act 1964 Deputy Commissioner is told to collect conversion fine and issue conversion certificate in respect of S.No 30/1A Varthur Village Varthur Hobli for conversion to Residential purposes offor 0-07.08 as per order in KAT in Revenue Appeal 164/2015 dated 1-06-2015 .Where the Deputy Commissioner fails to inform the application of his decision on the application made under sub-section (2) within a period of four months, from the date of receipt of the application, the permission applied for shall be deemed to have been granted." In view of the above provision, the Deputy Commissioner was required to pass an order within four months from the date on which the application was made by the petitioner. Further, it is also clear from the said provision that if the Deputy Commissioner failed to make any order on the said application, the permission for conversion sought for by the applicant would be deemed to have been granted on the expiry of four months from the date on which the application was made. There is no dispute in this case that the Deputy Commissioner did not pass any order within a period of four months. Therefore, by the force of the provision, the permission for conversion sought for by the petitioner, must be deemed to have been granted on 28th March , 2014.

The mismatch rectification in RTC column 3 & 9 is duty of Thasildar & AC.As per Government of Karnataka order/Circular Number RD.104.BHUDASA 2012 Dated 23-06-2012it is duty of Thasildar and AC to correct any discrepancy if any existsin Column 3 and column 9 of RTC of any owner by mistake or oversight or typo errors .The rectification has to be carried out by following the due procedure .Especially when Column 3 is moreand column 9 is less of RTC it is very easy to solve the problem. Khatha holder has no problem in correction. A case has surfaced in Bangalore east taluka where instead ofThasildar and AC correcting the mismatch they have rejected conversion application of a poor applicant. Request is made to deputy commissionerto consider the Application of Sri M.Yellappa Bin MuniswamyResiding at Javarayappa street Opposite Canara BankBangalore : 560087 for conversion which need to be approved as question of tally of column 3 and 9 does not arise in respect of S.No 30/1A Varthur Village Varthur Hobli for conversion to Residential purposes of 0-07.08 Guntas as Total extent in column 3 is 4.21 and Total extent in column 9 is 3-21 (already mutation done ) +1 (Mutation pending or original owner name missing entry )=4.21. It is a case of missing entry in computer RTC and not a case of excess entry .owner mutation record is tallied in column 3 and column 9 and mutation extract is enclosed with application. DC should not punish citizens for no fault of them. Let Thasildar and AC do rectification immediately and issue the information to DC and DC will issue conversion order.

I have asked DC to provide me the information and reasons Under section 4(1) (d) of RTI Act for not issuing conversion certificate and after taking conversion fine as per deemed conversion as per section 95(5) of land revenue Act 1964 Deputy Commissioner is told to collect conversion fine and issue conversion order in respect of S.No 30/1A Varthur Village Varthur Hobli for conversion to Residential purposes of for 0-07.08 as per order in KAT in Revenue Appeal 164/2015 dated i-06-2015 as question of tally of column 3 and 9 does not arise in respect of S.No 30/1A Varthur Village Varthur Hobli for conversion to Residential purposes of 0-07.08 Guntas as Total extent in column 3 is 4.21 and Total extent in column 9 is 3-21 (already mutation done ) +1 (Mutation pending or original owner name missing entry )=4.21. It is a case of missing entry in computer RTC and not a case of excess entry .As hismutation record is tallied in column 3 and column 9 and mutation extract is enclosed for your perusal. KLR Act does not provide provision topunish citizens for no fault of them.Mutation is a process through which Owner's name or his particulars like liabilities get changed because of registered transactions and on receipt of J-Slip-Sale through registered deed. Registration is done after due verification of ownership of vendor at registration office and after paying stamp duty to Government at Government rate. Ministers letters also have no effect on Thasildar . Now criminal cases will to be filed against Thasildars is the only way remained for applicants under section 188 and 166 and 166A of IPC for redressing of their complaints. Mutation is a process through which Owner's name or his particulars like liabilities get changed because of some type of transactions. The type of transaction are: 1. J-Slip-Sale through registered deed.2. Inheritance - Change of Ownership because of death of the Owner.3. Division of Land within the Family. 4. Pledge / Release - Change in liabilities because of loan from bank or repayment to bank.5. Court Decree - Based on the Court Order. 6. Alienation - Conversion of land from agricultural to other purposes.7. Acquisition by Government for Public purpose.8. Grant of Land by Government to Poor People."