- 1 - NC: 2025:KHC-D:1350 WP No. 100422 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100422 OF 2025 (KLR-CON) BETWEEN: M/S AAYANA RENEWABLE POWER SIX PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT S-2904, 29TH FLOOR, WORLD TRADE ENTRE, BRIGADE GATEWAY CAMPUS, 26/1, DR. RAJKUMAR ROAD, MALLESWARAM, RAJAJINAGAR, BENGALURU 560055, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. ARPIT BADHE …PETITIONER (BY SRI. VIKRAM HUILGOL., SR COUNSEL REP BY SRI. ABHINAY S, ADVOCATE) AND: THE DEPUTY COMMISSIONER MINI VIDHANA SOUDHA, (D C OFFICE), BELLARY-HUBLI ROAD, NEAR DISTRICT COURT, GADAG 582103 …RESPONDENT (BY SRI. M.M. KHANNUR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PRAYING TO ISSUE A WRIT, ORDER, OR DIRECTION, MORE IN THE NATURE OF WRIT OF R ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.29 11:44:07 +0530 - 2 - NC: 2025:KHC-D:1350 WP No. 100422 of 2025 MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION THE RESPONDENT NO.1 TO ISSUE A CERTIFICATE OF CONVERSION FOR THE LAND BEARING SY.NO.353/7 MEASURING 1 ACRE 00 GUNTAS SITUATED IN LAKKUNDI VILLAGE, GADAG (VIDE APPLICATION/AFFIDAVIT ID 937779 AND REQUEST ID 729142), AS THE SAME IS A DEEMED CONVERSION AS COMMUNICATED IN THE REPRESENTATION DATED 09.01.2025 OF THE PETITIONER (ANNEXURE-F) AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for the respondents. 2. Counsel for the petitioner submits that he shall not be relying on the sale deed at Annexures-C and D. His submission is accepted. Office objection at Sl. No.57 is overruled. 3. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ, order or direction, more in the nature of Writ of Mandamus or any other appropriate writ, directing the R1 to issue a certificate of conversion for the land bearing Sy.No.353/7 measuring 1 Acre 00 Guntas situated in Lakkundi Village, Gadag (vide application/affidavit ID 937779 & Request ID - 3 - NC: 2025:KHC-D:1350 WP No. 100422 of 2025 729142), as the same is a deemed conversion as communicated in the representation dated 09.01.2025 of the petitioner; (Annexure-F) ii. To pass any other order or directions as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. 4. The petitioner is aggrieved by the inaction on part of the respondent in processing and approving the application filed by the petitioner for conversion of the land bearing survey number 353/7, Lakkundi village, Gadag District. 5. His submission is that any application filed for conversion of agricultural land from agricultural land to non-agricultural purposes is required to be considered and necessary orders passed in terms of the second proviso to clause (ii) of Subsection (2) of Section 95 of the Karnataka Land Revenue Act, 1964 [‘Act’ for short] within a period of 30 days from the date of the application and if no such order is passed within the time prescribed, then the deeming fiction under the aforesaid second proviso would be - 4 - NC: 2025:KHC-D:1350 WP No. 100422 of 2025 applicable granting deemed conversion in respect of the property covered under the application subject to the exceptions made out in the said provison. As such, he submits that the reliefs sought for are required to be granted. 6. Subsection (2) of Section 95 is reproduced hereunder for easy reference: 95. Uses of agricultural land and the procedure for use of agricultural land for other purpose.—(1) Subject to any law for the time being in force regarding erection of buildings or construction of wells or tanks, an occupant of land assessed or held for the purpose of agriculture is entitled by himself, his servants, tenants, agents, or other legal representatives, to erect farm buildings, construct wells or tanks, or make any other improvements thereon for the better cultivation of the land or its more convenient use for the purpose aforesaid. Provided that the farm Building or farm House so erected shall not be more than ten percent of his holding subject to maximum of such extent of land as may be prescribed. Explanation.- For the purpose of this sub-section “Farm Buildings” or "Farm house" means a house attached to a farm and constructed in a portion of an agricultural land, used for the residence of the agriculturist or used for the purpose of keeping agricultural equipments and tethering cattle. The house shall be used by farmer for his own use and it shall not be let out for commercial activities to any individual or agency. - 5 - NC: 2025:KHC-D:1350 WP No. 100422 of 2025 (2) If any occupant of land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose, he shall [notwithstanding anything contained in any law for the time being in force] apply for permission to the Deputy Commissioner who may, subject to the provisons of this section and the rules made under this Act, refuse permission or grant it on such conditions as he may think fit. [Provided that in case of any agricultural land assessed or held for the purpose of agriculture, falling within the Local Planning Area for which the Master Plan has been duly published under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and such land and such diversion is in accordance with the purpose of land use specified in such Master plan. The permission therefore shall be deemed to have been granted subject to payment of fine prescribed under sub- section (7). [Provided further that] in Dakshina Kannada District, subject to any law for the time being in force regarding erection of buildings or the construction of wells or tanks, an occupant of 5[dry (punja) land, wet land or garden land]5 who is not,— (a) a person registered or liable to be registered as an occupant of such land under section 48A of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962); or (b) a grantee of such land under section 77 of the said Act, may, without obtaining the permission required under this sub-section and notwithstanding anything contained therein, divert such land or part thereof to any other purpose after sending a prior notice in that behalf, in the prescribed form to the Tahsildar and paying in the prescribed manner, the fine prescribed under sub-section (7). - 6 - NC: 2025:KHC-D:1350 WP No. 100422 of 2025 7. A perusal of the second proviso to clause (ii) of Subsection (2) of Section 95 provides for an occupant of land assessed or held for the purpose of agriculture wishing to divert such land or any part thereof for any other purpose. If such lands are falling outside the local planning area for which a master plan has not been published, an affidavit along with an application could be submitted to the Deputy Commissioner in the manner prescribed. As regards which an opinion is required to be furnished within 15 days from the date of receipt of the application and the Deputy Commissioner shall issue approval for diversion subject to the opinion furnished by the concerned Authorities and subject to payment of fee. 8. The first proviso to clause (ii) of Subsection (2) of Section 95 provides that if the opinion is not furnished within the period of 15 days, it shall be deemed that the concerned Authorities have no - 7 - NC: 2025:KHC-D:1350 WP No. 100422 of 2025 objection to the said diversion as per the application. The second proviso to clause (ii) of Subsection 2 of Section 95 provides that in the event of the Deputy Commissioner fails to give a decision and or does not issue the order within 30 days from the date of receipt of the application, then the approval of diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall be certified and issued in such manner as we have prescribed subject to payment of fees under Subsection 7 of section 95. 9. Thus, the proviso to clause (ii) of Subsection (2) of Section 95 brings about two deeming fictions, one as regards the opinion which is deemed to have been granted within 15 days of the application filed, if not so issued unless opined otherwise. The second proviso deems that the permission for diversion of land for non-agricultural purposes is deemed to have been granted within 30 days after the expiry of 30 - 8 - NC: 2025:KHC-D:1350 WP No. 100422 of 2025 days from the date of the application unless rejected and the only requirement being is for the applicant to make payment of the necessary fees subject to the application being in compliance with the applicable law. 10. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. A mandamus is issued directing respondent to issue a certificate of conversion for land bearing survey number 353/7 measuring One acre situated at Lakundi village, Gadag District in terms of the application number ID 937779 and request ID 729142 within a period of 3 weeks from today on receipt of the fee payable for such conversion. iii. Respondent shall communicate the amount required to be paid by the petitioner within a - 9 - NC: 2025:KHC-D:1350 WP No. 100422 of 2025 period of 7 days from today, the payment to be made within 3 days thereafter and the certificate to be issued within 7 days thereafter. iv. The grant of the certificate shall be subject to the compliances and adherences, if any, required to be made by the petitioner in terms of the applicable law. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 16