- 1 - NC: 2025:KHC:12895 WP No. 50658 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 50658 OF 2016 (KLR-RES) BETWEEN: 1. SRI. GANGAHANUMAIAH S S/O SIDDAPPA, AGED ABOUT 65 YEARS, BINNAMANGALA, ARISINAKUNTE POST, NELAMANGALA TALUK BANGALORE RURAL DISTRICT-562123 …PETITIONER (BY SRI. V P KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHAN SOUDHA, AMBEDKAR VEEDHI, BANGALURU-560 001 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, VISHWESHWARA TOWERS, BANGALORE-560 001 …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GOVERNMENT CIRCULAR DATED 16.09.1994 AT ANNEXURE-H AND QUASH THE ENDORSEMENT DATED 11.01.2016 ISSUED Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12895 WP No. 50658 of 2016 BY THE DEPUTY COMMISSIONER, BANGALORE RUAL DISTRICT, BENGALURU AT ANNEXURE-G AND THE DEMAND NOTICE DATED 26.10.2015 VIDE ANNEXURE-E, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. Pursuant to an order of conversion, the petitioner has been called upon to pay the upset price even in respect of A-Kharab land. 2. The petitioner being aggrieved by this demand is before this Court. 3. This Court in W.P. No.106515 of 20151 and connected matters, disposed of on 07.03.2023 has held that the title to the Kharab land would always 1 W.P. No.106515 of 2015 & Connected cases, disposed of on 07.03.2023 (Shivappa s/o. Prabhappa Mugalolli vs. The General Manager, Upper Krishna Project Nav Nagar, Bagalkot Dist: Bagalkot and others) in the High Court of Karnataka at Dharwad Bench: Coram: Hon'ble Mr.Justice N.S. Sanjay Gowda. - 3 - NC: 2025:KHC:12895 WP No. 50658 of 2016 remain with the owner and would never vest with the State. 4. It is brought to my notice that against this order passed in respect of three writ petitions, only one writ appeal in W.A. No.100584 of 20232 was filed and the said writ appeal was dismissed as abated. 5. In light of the above, since this Court has already taken the view that the title of the Kharab land was always with the owner of the land, the demand made by the Deputy Commissioner for payment of kimmat / upset price cannot be sustained. 6. The impugned endorsement at Annexures "G" is accordingly quashed and the Deputy Commissioner shall take further steps to issue the order of conversion after collecting the conversion fine in respect of the land in question. 2 W.A. No.100584 of 2023, disposed of on 14.10.2024 (The General Manager, Upper Krishna Project Nav Nagar, Bagalkot Dist: Bagalkot and others vs. Shivappa s/o. Prabhappa Mugalolli) in the High Court of Karnataka at Dharwad Bench: [Coram: Hon'ble Mr.Justice H.T.Narendra Prasad (per) and the Hon'ble Mr. Justice Venkatesh Naik T.] - 4 - NC: 2025:KHC:12895 WP No. 50658 of 2016 7. The writ petition is accordingly disposed of. 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 55