- 1 - NC: 2025:KHC:16448 WP No. 14729 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 14729 OF 2024 (KLR-RES) BETWEEN: SRI. N. UDAY KUMAR S/O LATE P. NARAYANASWAMY AGED ABOUT 52 YEARS R/AT NO.95, HORAMAVU AGARA HORAMAVU POST, K.R. PURA HOBLI BANGALORE EAST TALUK BENGALURU - 560 043. …PETITIONER (BY SRI. S. KALYAN BASAVARAJ, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING DR AMBEDKAR ROAD BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BENGALURU - 560 001. 3. THE TAHSILDAR BANGALORE EAST TALUK BENGALURU - 560 001. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16448 WP No. 14729 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PETITIONER IS ENTITLED TO GRANT OF DEEMED CONVERSION AS CONTEMPLATED UNDER SECTION 95(5) OF THE KARNATAKA LAND REVENUE ACT IN RESPECT OF BEARING OLD SY.NO.117/2, NEW SY.NO.117/12 MEASURING TO AN EXTENT OF 1 ACRE 1 1/2 GUNTAS SITUATED AT VADDARAPALYA HORAMAVU AGRAHARA DAKHLE, K.R.PURAM HOBLI. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is before this Court seeking for a declaration that there is a grant of deemed permission under Section 95 of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act’) in respect of the application that the petitioner has filed on 14.09.2023 seeking for the permission of the Deputy Commissioner to use the land bearing Survey No.117/2 and new Survey No.117/12 measuring 01 acre 1½ guntas. 2. It is the case of the petitioner that on 14.09.2023, he had submitted an application online seeking for - 3 - NC: 2025:KHC:16448 WP No. 14729 of 2024 permission of the Deputy Commissioner as contemplated under Section 95 of the Act for using the agricultural lands for non-agricultural purposes. It is contended that though more than four months have elapsed no order has been passed, the deeming effect of the provision would come into operation. 3. The learned counsel appearing for the petitioner also submits that the Deputy Commissioner had not passed any order probably because a suit for partition was pending and the plaintiff therein had raised objections. The learned counsel points out that the said suit filed by the plaintiff therein in O.S. No.576 of 2006 had in fact been dismissed on 15.01.2025 and therefore, even this objection would be of no relevance. 4. Section 95(5) of the Act declares that if no order is passed by the Deputy Commissioner on an application under Section 95 within four months from the date of receipt of the application, the permission - 4 - NC: 2025:KHC:16448 WP No. 14729 of 2024 to use the agricultural land for non-agricultural purposes is deemed to have been granted. 5. In this case, the application has admittedly been made on 14.09.2023 and no orders have been passed within four months, either rejecting or allowing the application. Having regard to the fact that the Deputy Commissioner has not exercised his power to refuse the permission within a period of four months, the Deputy Commissioner is directed to accord permission under Section 95(5) of the Act as requested for by the petitioner. 6. The writ petition is accordingly allowed. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, shall stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 111