- 1 - NC: 2025:KHC:17474-DB WP No. 7507 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 7507 OF 2025 (GM-MM_S) BETWEEN: 1. SRI. PARASHURAM, S/O. MONAPPA NILAJKAR, AGED ABOUT 63 YEARS, OCC: BUSINESS, R/O. No.14, MAHADEV ROAD, KANGRALI KH, BELAGAVI, TAL AND DIST. BELAGAVI-590001. …PETITIONER (BY SRI OMPRAKASH, ADVOCATE FOR SRI. SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPTD, BY ITS SECRETARY, DEPT. OF REVENUE, VIKAS SOUDHA, BENGALURU, BENGALURU- 560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI -590001. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17474-DB WP No. 7507 of 2025 3. THE DEPUTY DIRECTOR, MINES AND GEOLOGY DEPARTMENT, KHANIJA BHAVAN, KUMARASWAMY LAYOUT, BAUXITE ROAD, BELAGAVI-590019. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS No-2 TO ISSUE CHALLAN FOR DEPOSITING FINE/CHARGES AS PER RULE 107 OF KARNATAKA LAND REVENUE RULES, 1966 IN RESPONSE TO THE APPLICATION DATED 16.01.2025 FILED BY THE PETITIONER FOR SEEKING OBTAINING DEEMED CONVERSION ORDERS IN RESPECT OF THE LAND BEARING Sy No.182/2 MEASURING 2 ACRES 22 GUNTAS 6.6 ANNAS OUT OF 3 ACRES 22 GUNTAS 10.67 ANNAS IS SITUATED AT GOJAGE VILLAGE, BELAGAVI TALUK, BELAGAVI DISTRICT UNDER SECTION 95(9) OF KARANATAKA LAND REVENUE ACT, 1964 (ANNEXURE-D) FROM AGRICULTURAL TO NON AGRICULTURAL PURPOSE i.e., FOR CARRYING ON QUARRYING ACTIVITIES FOR EXTRACTION OF ORDINARY BUILDING STONE IN THE ENDS OF JUSTICE AND EQUITY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND - 3 - NC: 2025:KHC:17474-DB WP No. 7507 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard learned advocate Mr. Omprakash for the petitioner and learned Additional Government Advocate Smt. Niloufer Akbar for the respondent-State and its authorities. 2. This writ petition seeking mandamus to respondent No.2-the Deputy Commissioner, Belagavi District, Belagavi, to consider the application of the petitioner dated 16.01.2025. The said application came to be filed by the petitioner seeking an order for deemed conversion of the land bearing Survey No.182/2 admeasuring 2 Acres and 22 Guntas 6.6 Annas out of 3 Acres and 22 Guntas 10.67 Annas situated at Gojage Village, Belagavi Taluka, Belagavi District, from agricultural to non-agricultural purpose under Section 95(9) of the Karnataka Land Revenue Act, 1964, to carry on quarrying activity for extraction of ordinary building stone. The petitioner thereby seeks conversion of the land from agricultural to non-agricultural purpose as stated above. 3. In support of the prayer, learned advocate for the petitioner invited attention of the Court to the order of the Division Bench of - 4 - NC: 2025:KHC:17474-DB WP No. 7507 of 2025 this Court dated 23.04.2024 passed in Writ Petition No.9128 of 2024, in which certain directions were issued. 4. Learned Additional Government Advocate could not dispute that the said order was passed in the background of similar set of facts and prayer. 5. We have also considered similar issue in Writ Petition No.10414 of 2024, disposed of on 27.05.2024. 6. In view of the above, the following directions are issued, (i) The petitioner shall submit the documents which may be necessary for consideration of the application dated 16.01.2025 stated to have been made by the petitioner to the competent authority. Such documents as may be required shall be filed within a period of two weeks from today. (ii) Respondent No.2–the Deputy Commissioner shall consider the said application dated 16.01.2025 of the petitioner along with the documents which may be submitted in accordance with law. - 5 - NC: 2025:KHC:17474-DB WP No. 7507 of 2025 (iii) The petitioner shall be communicated the amount of fine etc., as may be payable for the purpose of conversion in accordance with Rule 107 of the Karnataka Land Revenue Rules, 1966. (iv) After the petitioner pays the fine amount as may be required by the authority, the order of deemed conversion shall be passed by the authority under sub- section (9) of Section 5 of the Act. (v) Upon conversion is permitted, the petitioner shall be entitled to use the land for non-agricultural purpose for carrying on quarrying activity for extraction of ordinary building stone unit as may be permitted. 7. It is clarified that the above directions shall operate provided the application of the petitioner is not already decided by the competent authority. If the application dated 16.01.2025 is already considered and decided and the petitioner is aggrieved by such decision, the recourse in the form of statutory appeal would be available to be adverted to, in accordance with law and on merits, for the petitioner. - 6 - NC: 2025:KHC:17474-DB WP No. 7507 of 2025 7.1 The above directed exercise shall be completed within eight weeks from the date of receipt of copy of this order. 8. Accordingly, the present petition is disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 43