- 1 - NC: 2025:KHC:2557 WP No. 39324 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.39324 OF 2016 (KLR-CON) BETWEEN: 1. SRI CHANDRASHEKARACHARI S/O LATE NAYANACHARI AGED ABOUT 79 YEARS, 2. SRI RAMACHANDRACHARI S/O LATE NAYANACHARI AGED ABOUT 69 YEARS 3. 3(a). 3(b). 3(c). BRAHAMACHARI S/O LATE NAYANACHARI SINCE DEAD BY LRS. SMT. BHAGYAVATHI R. W/O LATE BRAHAMACHARI AGED ABOUT 61 YEARS. SRI. HARISH KUMAR B. S/ O LATE BRAHAMACHARI AGED ABOUT 37 YEARS. SRI. HUVESH KUMAR B., S/ O LATE BRAHAMACHARI AGED ABOUT 31 YEARS. ALL ARE RESIDING AT: NO.10/122, ANJANEYA TEMPLES, NEAR HDFC BANK, SANTE CIRCLE BENGALURU NORTH Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2557 WP No. 39324 of 2016 YELAHANKA BENGALURU BENGALURU - 560 061. …PETITIONERS (BY SRI. KUMAR J C., ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDINGS, BENGALURU - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVANA K G ROAD, BENGALURU - 560 001. 3. THE JOINT DIRECTOR OF LAND RECORDS AND TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER KANDAYA BHAVANA, K G ROAD, BENGALURU - 560 001. 4. THE TAHSILDAR BENGALURU NORTH ADDITIONAL TALUK YELAHANKA UP NAGAR BENGALURU - 560 064. 5. THE DEPUTY TAHSILDAR NADA KACHERI HESARAGHATTA HOBLI, HESARAGHATTA, BENGALURU NORTH ADDITIONAL TALUK BENGALURU DISTRICT - 560 088. 6. THE REVENUE INSPECTOR ARAKERE CIRCLE - 3 - NC: 2025:KHC:2557 WP No. 39324 of 2016 HESARGHATTA HOBLI BENGALURU NORTH ADDITIONAL TALUK BENGALURU DISTRICT - 560 088. 7. THE VILLAGE ACCOUNTANT ADDE VISHWANATHAPURA CIRCLE, HESARAGHATTA HOBLI BENGALURU NORTH ADDITIONAL TALUK BENGALURU DISTRICT - 560 088. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY RESPONDENT NO.2 IN RESPECT OF THE LAND MEASURING AN EXTENT OF 31 GUNTAS 'A' KHARAB IN SY.NO.56/3 OF ADDE VISHWANATHAPURA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH ADDL. TALUK, BENGALURU DISTRICT, DATED 20.06.2016 VIDE ANNEX-A AND FURTHER DIRECT RESPONDENT NO.2 TO ISSUE CONVERSION ORDER IN RESPECT OF THE ABOVE SAID LAND IN FAVOUR OF THE PETITIONERS. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is aggrieved by the impugned endorsement issued at Annexure-A wherein the Deputy Commissioner - 4 - NC: 2025:KHC:2557 WP No. 39324 of 2016 while considering the petitioner's application seeking conversion has declined to grant permission for conversion on the premise that the land is wrongly classified as "A" kharab land while it should have been classified as "B" kharab land. 2. Petitioner asserts that his father late Nyanyachari was absolute owner in lawful possession and enjoyment of the land bearing Sy.No.56/3 measuring an extent of 1 acre 7.8 guntas and 'A' kharab land measuring an extent of 31 guntas. Petitioner simultaneously applied for grant of conversion order in respect of the above said land from agriculture to non-agricultural purpose evidenced at Annexure-J. Respondent No.3 without verifying the records blindly opined that the kharab land measuring 31 guntas is inadvertendly mentioned as 'A' kharab land instead of 'B' kharab. Based on the said report, Respondent No.2/Deputy Commissioner having granted conversion of only 1 acres 7.8 guntas has issued the impugned endorsement rejecting the application for - 5 - NC: 2025:KHC:2557 WP No. 39324 of 2016 conversion in respect of 31 guntas of kharab land on the ground that the land in question is in fact "B" kharab land, but, however, it is through oversight notified as "A" kharab. This endorsement is under challenge. 3. Petitioner to counter the impugned endorsement evidenced at Annexure-A has placed reliance on the Aakarbandh, which is evidenced at Annexure-E. Citing this document, petitioner asserts that the disputed petition land measuring 31 guntas is infact notified as 'A' kharab land. Similarly, petitioner has also placed reliance on the report submitted by the Tahsildar evidenced at Annexure-K as well as the report submitted by the Deputy Tahsildar evidenced at Annexure-L to prima facie substantiate that the petition land is classified as 'A' kharab land. 4. Per contra, learned AGA while contesting this petition would point out that the Deputy Commissioner having rightly secured the report at the hands of Joint Director of Land Records has rightly issued the impugned - 6 - NC: 2025:KHC:2557 WP No. 39324 of 2016 endorsement thereby declining to grant permission for conversion. She would point out that the disputed petition land measuring 31 guntas is admittedly B kharab and therefore, the endorsement is justified and no indulgence is warranted. 5. Examination of the records in the present case reveals that the respondent/State has failed to produce any substantive documents to establish that the petition land has been classified as 'B' kharab land. This is a crucial lapse, as it is incumbent upon the respondent to provide cogent evidence to substantiate such a classification. On the contrary, the petitioner has been able to present overwhelming evidence that supports the classification of the petition land as 'A' kharab land. The petitioner has relied on a series of revenue records, including the survey settlement register and revision settlement Aakarbandh, which prima facie indicate that the land in question falls within the 'A' kharab category. This evidence casts serious doubt on the claim that the land is 'B' kharab and shifts - 7 - NC: 2025:KHC:2557 WP No. 39324 of 2016 the burden onto the respondent to provide contradictory evidence, which they have not done. 6. Notwithstanding the above, the impugned endorsement issued by the Deputy Commissioner, as evidenced by Annexure-A, suffers from a fundamental flaw. The Deputy Commissioner, without affording an opportunity for the petitioners to be heard, has unilaterally concluded that the land in question is 'B' kharab land. This conclusion appears to have been heavily influenced by the report submitted by the Joint Director of Land Records, as evidenced by Annexure-P. However, the Joint Director’s report is inconsistent with the survey settlement register and the reports submitted by the Tahsildar and Deputy Tahsildar, which unequivocally support the classification of the petition land as 'A' kharab. Given these conflicting records, it is evident that the Deputy Commissioner acted arbitrarily in issuing the impugned endorsement. Such a unilateral decision making process violates the principles of natural justice, as the petitioners were not given an - 8 - NC: 2025:KHC:2557 WP No. 39324 of 2016 opportunity to present their case or submit relevant documents before the endorsement was made. Consequently, the impugned endorsement is not sustainable and is liable to be set aside. 7. In light of the above, this Court directs the Deputy Commissioner to refer the matter to the competent authority for a detailed examination and determination of whether the petition land is classified as 'A' kharab land or 'B' kharab land. The competent authority shall undertake this examination after giving due notice to the petitioners and providing them with an opportunity to be heard. The authority must also meticulously consider the documents relied upon by the petitioners, including the revision settlement Aakarbandh and the reports submitted by the Tahsildar and Deputy Tahsildar. The competent authority shall evaluate all conflicting evidence on record, including the report of the Joint Director of Land Records, to arrive at a well reasoned and legally sound conclusion. Until such a determination is - 9 - NC: 2025:KHC:2557 WP No. 39324 of 2016 made, any action based on the impugned endorsement shall remain inoperative. 8. With the above observation, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned endorsement dated 20.06.2016 issued by Deputy Commissioner vide Annexure-"A" is hereby quashed. (iii) The Deputy Commissioner shall refer the matter to the competent authority to hold an enquiry and to submit a report indicating the nature of the land. While doing so, the Deputy Commissioner shall ensure that petitioners are afforded a reasonable opportunity to make out a case and substantiate that petition land is 'A' kharab land. (iv) After due enquiry, the competent authority shall furnish the report and thereafter, the Deputy Commissioner shall proceed to consider the application of petitioners for conversion. - 10 - NC: 2025:KHC:2557 WP No. 39324 of 2016 (v) This exercise shall be accomplished within a period of four months from the date of receipt of certified copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 48