WHEN ONCE LAND IS CONVERTED FROM AGRICULTURE TO NON-AGRICULTURE – SUCH STATUTORY ORDER REMAINS VALID STILL IT IS CANCELLED – THE REVENUE DOCUMENTS OF AGRICULTURAL LAND LOOSES ITS SIGNIFICANCE ONCE LAND CONVERTED.
Mallikarjun Co-Operative ... vs State Of Karnataka ILR 1995 KAR 2230, 1995 (6) KarLJ 46 Where a land is converted for non-agricultural purpose cannot be treated as an agricultural land in the absence of any order withdrawing the demand or cancelling the permission granted under Section 95(2) of the Land Revenue Act.
………….. In D.S. LAKSHMINARAYANA RAO v. THE LAND TRIBUNAL, DODDABALLAPUR AND ORS. 8. ILR 1980 KAR 283 this Court has held that the conversion of land would be complete when once permission was granted or to deemed to have been granted and actual levy of fine is only a subsequent formality. Such a land is not a land as defined in the Act and therefore did not attract the provisions of the Act. ……….. GOPALAPPA v. GURUSHANKARAIAH 1983(2) KAR.L.J. 148 "The two enactments, namely, the Land Reforms Act and the Land Revenue Act are distinct and different. Permission to convert an agricultural land for non-agricultural purpose has to be obtained from the prescribed authority under the Land Revenue Act. A person aggrieved by grant of such permission has to challenge the same before the appropriate authorities prescribed thereunder. He cannot by-pass the remedy and get that order invalidated before the Land Tribunal constituted under the Land Reforms Act. The Land Tribunal has no power to go behind the statutory order according permission to convert the land for non-agricultural purpose under the Land Revenue Act." ………….. The documents such as receipts, entries in the revenue records and the mutation entry are all subsequent to 1955 and they would infuse no confidence and as such they cannot be relied upon nor do they serve any purpose when once it was held that the land in question was converted for non-agricultural purpose.
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