- 1 - NC: 2025:KHC:17811 WP No. 9787 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9787 OF 2025 (KLR-RES) BETWEEN: 1. SRI RAGHU J S/O JAYARAMANNA, AGED ABOUT 43 YEARS, R/A GEJJENAHALLI VILLAGE, KOTE GANGUR POST, SHIVAMOGGA-577 204 …PETITIONER (BY SMT. KEERTHI KRISHNA REDDY., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ADDL. CHIEF SECRETARY, REVENUE DEPARTMENT, MS BUILDING, BENGALURU-01 2. DEPUTY COMMISSIONER ZILLADALITHA BHAVANA, PLOT NO.77, KARUR INDUSTRIAL AREA, OLD P.B. ROAD, DAVANAGERE DISTRICT, DAVANAGERE-577 006 3. ASHOKA.T., S/O CHANDRAPPA.T., AGED ABOUT 36 YEARS, R/AT JEENAHALLI VILLAGE, NYAMATHI TALUK, DAVANAGERE DISTRICT-577223. …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA FOR R-1 & R-2; SRI. P.RUDRAPPA., ADVOCATE FOR R-3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17811 WP No. 9787 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD. 21.03.2025 BEARING NO. ALN/ETC/CR/910204/2024-25 PASSED BY THE R-2 DEPUTY COMMISSIONER, DAVANAGERE (VIDE ANNX-A), ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is challenging the order dated 21.03.2025 by which the earlier order of conversion passed in his favour was cancelled. 2. The order of conversion has been cancelled by the Deputy Commissioner on the ground that the petitioner had not indicated the pendency of the proceedings under Section 136(2) of the Karnataka Land Revenue Act. 3. The 3rd respondent herein has filed the statement of objections in which he has stated that he along his family members have instituted a suit in O.S.No.217/2023 seeking a declaration that they - 3 - NC: 2025:KHC:17811 WP No. 9787 of 2025 are the owners of property in question and also for recovery of possession. They have also sought for grant of mesne profits in respect of land bearing Sy.No.46 measuring 8 acres 20 guntas, Sy.No.140 measuring 9 acres 26 guntas and Sy.No.175 measuring 2 acres 3 guntas, all situate at Jeenahalli village, Belagutti Hobli, Nyamathi Taluk, Davangere District. More importantly, the 3rd respondent has also sought for a declaration that the Sale Deed dated 15.07.2023 whereby the petitioner had purchased the property is not binding on the 3rd respondent. 4. It is therefore obvious that until the Sale Deed executed in favour of the petitioner is set aside, in law, the petitioner would have to be considered as the owner. An order of conversion granted by the Deputy Commissioner to the - 4 - NC: 2025:KHC:17811 WP No. 9787 of 2025 owner of the property would basically entitled the owner of the property to utilize the land for non- agricultural purpose. Since the 3rd respondent has sought for recovery of possession and also for mesne profits, the granting of order of conversion would no way prejudice the 3rd respondent. In any way, once the Deputy Commissioner passed an order of conversion and permitted non-agricultural activity to be carried out, the Deputy Commissioner would not be entitled to cancel the same on the ground that the third party had raised objection. 5. In that view of the matter, the impugned order dated 21.03.2025 is quashed. The writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 56