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DIVISION BENCH OF KARNATAKA HIGH COURT consisting of THE HON'BLE

MR.JUSTICE K.L.MANJUNATH AND THE HON'BLE MR.JUSTICE V.SURI APPA RAO in the
case of M Muninarayana Swamy, vs State Of Karnataka reported in ILR 2012 KAR
3428, held that .. when the property situated within the Town Municipal
Council area when Town Municipal Council has collected development charges from
the appellants and granted plan for construction of the compound and in the
planning area if it has lost the character of agriculture, the Dy. Commissioner will
not get any right to cancel the khata on the ground that the appellants have not
obtained an order of conversion. Therefore, we are of the opinion that
there is no necessity for the appellants to obtain conversion from agriculture to nonagriculture, if the area comes within the Town Municipal council limits and in the
background of Town Municipal Council collecting the developmental charges and
treated as Municipal property.

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