- 1 - HC-KAR NC: 2025:KHC-K:2905 WP No. 201219 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.201219 OF 2025 (KLR-CON) BETWEEN: SYED ZAMEERUDDIN S/O SYED AMEER ALI, AGED ABOUT 65 YEARS, OCC: AGRICULTURE, R/O. 5/133, NEAR AL AMEEN SCHOOL, MANNAEKHALLI, TQ. CHITGUPPA, DIST. BIDAR-585 227. …PETITIONER (BY SRI. RAVI B. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, BIDAR DISTRICT D.C.OFFICE, BIDAR-585 401. 3. THE ASSISTANT COMMISSIONER, D.C.OFFICE, BIDAR-585 401. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2905 WP No. 201219 of 2025 4. THE TAHASILDAR CHITAGUPPA, TAHASILDAR OFFICE, CHITAGUPPA, BIDAR-585 227. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI THEREBY QUASH THE IMPUGNED ONLINE ENDORSEMENT DATED 07.01.2025 REJECTING THE APPLICATION FILED BY THE PETITIONER BEARING AFFIDAVIT ID NO.646976 AS AT ANNEXURE-D PASSED BY THE 2ND RESPONDENT AUTHORITY AS ILLEGAL AND ARBITRARY AND BEYOND THE SCOPE OF PROVISIONS OF LAW.02) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO 4 TO ISSUE NECESSARY CONVERSION CERTIFICATE BY ACCEPTING THE NECESSARY CHARGES BY TREATING THE LAND OF THE PETITIONER AS CONVERTED FOR COMMERCIAL PURPOSE DUE TO OPERATION OF LAW U/S. 95(2) OF KLR ACT, WITHIN SUCH STIPULATED TIME AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC-K:2905 WP No. 201219 of 2025 ORAL ORDER (PER: HON'BLE MR JUSTICE M.I.ARUN) The petitioner is said to be the owner of agricultural land described in the schedule to the writ petition. He applied for conversion of the same for non-agricultural purpose (commercial). Said application has been made on 04.08.2023. Section 95(2) of the Karnataka Land Revenue (Second Amendment) Act, 2022 (for short, ‘the Act’), provides that in case the Deputy Commissioner fails to inform the applicant of his decision on the application made for conversion of the land from agricultural to non- agricultural purpose within a period of thirty days from the date of receipt of said application, the permission applied for shall be deemed to have been granted. 2. Section 95(2) of the Karnataka Land Revenue (Second Amendment) Act, 2022 reads as under: “"(2) If any occupant of a land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose, he shall submit an affidavit along with an - 4 - HC-KAR NC: 2025:KHC-K:2905 WP No. 201219 of 2025 application to the Deputy Commissioner in the manner as may be prescribed and if the diversion is sought,- (i) In accordance with the use specified in the Master Plan duly published for the concerned land under the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), then the same shall be deemed to have been diverted subject to payment of prescribed fee under sub-section (7) and the Deputy Commissioner shall issue the order of approval accordingly within seven days from the date of receipt of the application: Provided that, in case the Deputy Commissioner fails to give his decision and issue the order under this sub-section within fifteen days from the date of receipt of the application, the approval for diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall be certified and issued, after payment of fee prescribed under sub-section (7), in the manner as may be prescribed. (ii) In case the Master Plan has not been published or the land is falling outside the local planning area, then the concerned authorities shall furnish their opinion within fifteen days from the - 5 - HC-KAR NC: 2025:KHC-K:2905 WP No. 201219 of 2025 date of receipt of the application. The Deputy Commissioner shall issue the approval for diversion for use as per the application, subject to the opinion furnished by the concerned authorities and subject to payment of the fee prescribed under sub- section (7): Provided that, in case no opinion is furnished within the said period of fifteen days, it shall be deemed that the concerned authorities have no objection to the said diversion of land for use as per the application. Provided further that, in case the Deputy Commissioner fails to give his decision and issue the order under this sub-section within thirty days from the date of receipt of the application, the approval for diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall certified and issued in the manner as may be prescribed subject to payment of fee prescribed under sub-section (7). (iii) If any diversion is obtained with a false or wrong declaration or affidavit under this section, in addition to the criminal liabilities, the same shall be null and void upon order in this regard by the Deputy Commissioner. The conversion fee, if remitted, shall stand forfeited to the Government. - 6 - HC-KAR NC: 2025:KHC-K:2905 WP No. 201219 of 2025 The land whose diversion for non-agriculture use was obtained by a false affidavit, the Deputy Commissioner may also issue an order for forfeiture of the said land to the Government. (iv) In case a part of the survey number is sought to be diverted for non-agriculture use then prior pre-conversion sketch, approved by the Survey Settlement and Land Records Department, identifying the metes and bounds for the part sought to be converted, shall be mandatorily filed along with application for diversion: Provided that, in case the Survey Settlement and Land Records department fails to approve or reject the pre-conversion sketch within fifteen days from the date of receipt of application for the sketch of the applicant, it shall be deemed to be approved as prepared by the applicant and the approval shall be issued in the manner as may be prescribed. (v) In case the applicant in his declaration or affidavit stated that the land sought to be diverted to non-agriculture use is a granted land then the Deputy Commissioner shall reject the application if the diversion contravenes any provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - 7 - HC-KAR NC: 2025:KHC-K:2905 WP No. 201219 of 2025 or the Karnataka Land Grants Rules, 1969 or any other terms and conditions of the grants issued by the Government from time to time. (vi) No order of diversion under this section shall by itself lead to increase in the guidance value of the diverted land as notified by the Department of Stamp and Registration unless the land is put to actual non-agricultural use as under provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963): Provided that, in Dakshina Kannada District, subject to any law for the time being in force regarding erection of buildings or the construction of wells or tanks, an occupant of dry (punja) land, wet land or garden land who is not,- (a) a person registered or liable to be registered as an occupant of such land under section 48A of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962); or (b) a grantee of such land under section 77 of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962), may without obtaining the permission required under this sub-section and notwithstanding anything contained therein, divert such land or part thereof to any other purpose after - 8 - HC-KAR NC: 2025:KHC-K:2905 WP No. 201219 of 2025 sending a prior notice to the Tahasildar in such form as may be prescribed and subject to payment of fee prescribed under sub-section (7)." (2) sub-sections (3), (4), (5) and (6) shall be omitted. (3) For sub-section (7), the following shall be substituted, namely:- "(7) When any land assessed or held for the purpose of agriculture is permitted or is deemed to have been permitted under this section, to be used for any purpose other than agriculture, the Deputy Commissioner may, subject to such rules as may be made by the State Government in this behalf, require the payment of a fee as notified from time to time. No assessment shall be leviable on such land thereafter except under sub-section (2) of section 83."” 3. In the instant case, the Deputy Commissioner on 07.01.2025 has rejected the request of the petitioner. Aggrieved by the same, the present writ petition is filed with the following prayers: i) Issue a Writ of Certiorari thereby quash the impugned online Endorsement dated 07.01.2025 rejecting the application filed by - 9 - HC-KAR NC: 2025:KHC-K:2905 WP No. 201219 of 2025 the petitioner bearing affidavit Id No. 646976 as at Annexure-D passed by the 2nd respondent authority as illegal and arbitrary and beyond the scope of provision of law. ii) Issue a writ of mandamus directing the respondents No. 2 to 4 to issue necessary conversion certificate by accepting the necessary charges by treating the land of the petitioner as converted for commercial purpose due to operation of law U/Sec 95(2), of KLR Act, within such stipulated time as this Hon’ble Court deems fit in the circumstances of the case in the interest of justice. iii) Pass any order or orders which may be deemed fit by this Hon’ble Court, in the circumstances of the case. 4. Learned Additional Government Advocate does not dispute the fact that application was submitted by the petitioner on 04.08.2023 for conversion of his agricultural land into non-agricultural (commercial) purpose and that the same has been rejected on 07.01.2025, the same is impermissible in the light of Section 95(2) of the Act and the land of the petitioner has to be considered as being - 10 - HC-KAR NC: 2025:KHC-K:2905 WP No. 201219 of 2025 granted deemed permission for such conversion. Hence, the following: ORDER i. The writ petition is allowed. ii. The impugned communication dated 07.01.2025 vide Annexure-D to the writ petition issued by respondent No.2 rejecting the request of the petitioner to convert his land from agricultural to non- agricultural purpose is hereby set aside. iii. Respondents are directed to act in accordance with Section 95(2) of the Act within two weeks from the date of receipt of certified copy of this order and grant permission to the petitioner for conversion of his land for commercial purpose by collecting necessary charges. Sd/- (M.I.ARUN) JUDGE VNR List No.: 1 Sl No.: 62 CT:SI