- 1 - NC: 2025:KHC:5365 WP No. 23929 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23929 OF 2024 (KLR-RES) BETWEEN: 1. SMT GALI ASHWATHAMMA W/O SRI GALI NARAYANASWAMY AGED ABOUT 60 YEARS R/O NO. 4-95, KAMAKKA PALLI, BEEDAR PALLI, KALYANADURGA, ANANTAPUR DISTRICT, ANDHRA PRADESH - 575761 2. SMT GEETA W/O SRI GURUMURTHY AGED ABOUT 40 YEARS R/O NO. 4-95, KAMAKKA PALLI, BEEDAR PALLI, KALYANADURGA, ANANTAPUR DISTRICT, ANDHRA PRADESH - 575761 3. SMT SARIPUTI JYOTI D/O SRI SARPUTI RAMANNA AGED ABOUT 32 YEARS R/O O.C. COLONY, MUTTAVAKUNTLA, TALIMUDUGU, KANAGANAPALLI, ANANTAPURA DISTRICT, ANDHRA PRADESH - 575762 4. SMT GALI SOUJANYA W/O SRI NOOTAN PATI SRI HARSHA AGED ABOUT 27 YEARS R/O NO 404, RAYAL RESIDENCY, ARVIND NAGAR, ANANTAPURA, ANDHRA PRADESH - 515001 …PETITIONERS (BY SRI. SWAMYNATHAN R., ADVOCATE) Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - NC: 2025:KHC:5365 WP No. 23929 of 2024 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA-577522. …RESPONDENTS (BY SMT. B.P. RADHA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ORDER DTD. 30.12.2023 PASSED BY R-2 HERE REJECTING THE PETITIONERS APPLICATION FOR CONVERSION AT ANNX-A & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is aggrieved by the endorsement dated 30.12.2023 issued by second respondent-Deputy Commissioner, Chitradurga District as per Annexure-A wherein second respondent has conveyed that the petitioner is not entitled for conversion and accordingly, the endorsement is issued. - 3 - NC: 2025:KHC:5365 WP No. 23929 of 2024 2. The short point that falls for consideration before this Court is as to- “Whether the endorsement issued by the Deputy Commissioner vide Annexure-A which is impugned in this petition is sustainable in view of there being a deemed conversion clause under Section 95(5) of the Karnataka Land Revenue Act, 1964?” 3. The records indicate that the petitioner submitted an application for the conversion of land bearing Sy.No.183, located in Chikkamannahalli Village, Challakere Taluk, Chitradurga District, on 04.07.2022. As per the mandate of Section 95(5) of the Karnataka Land Revenue Act, 1964, the Deputy Commissioner is required to inform the applicant of his decision regarding the conversion request within a stipulated period of four months from the date of receipt of the application. In the present case, the four-month period expired in November 2022. However, despite the clear statutory mandate, the Deputy Commissioner failed to communicate any decision within the prescribed timeframe. It is only upon receiving notice in WP.No.5950/2024 that the - 4 - NC: 2025:KHC:5365 WP No. 23929 of 2024 impugned endorsement was issued, which was evidently beyond the legally permitted timeframe. This Court, in a series of judgments, has consistently held that when the Deputy Commissioner fails to convey his decision within the stipulated four-month period, as prescribed under Section 95(5), the deeming provision under the said section is automatically triggered. Consequently, the permission for land conversion is presumed to have been granted by operation of law, rendering any subsequent adverse endorsement legally unsustainable. 4. The impugned endorsement issued by the second respondent - Deputy Commissioner appears to be an afterthought, seemingly aimed at circumventing the statutory provisions enshrined in Section 95(5) of the Act. The failure of the Deputy Commissioner to act within the prescribed time constitutes inaction on his part, which in turn triggers the deemed conversion clause under the Act. Once the period of four months elapses without any formal decision being communicated to the applicant, the law - 5 - NC: 2025:KHC:5365 WP No. 23929 of 2024 presumes that the conversion has been granted. At this stage, the role of the Deputy Commissioner is limited solely to the collection of the applicable conversion fine and the issuance of the conversion certificate. Any subsequent attempt to deny or reject the conversion request through an endorsement issued beyond the stipulated timeframe is contrary to law and cannot be sustained. In view of the above, the endorsement under challenge is legally untenable and is therefore liable to be set aside. Accordingly point formulated is answered in the negative. ORDER i. Writ petition allowed. ii. The impugned endorsement dated 30.12.2023 issued by second respondent-Deputy Commissioner, Chitradurga District is hereby quashed and set aside. iii. Second respondent-Deputy Commissioner is hereby directed forthwith to determine the conversion fee payable by the petitioner and shall intimate the same to the petitioner and on payment of such fine, second - 6 - NC: 2025:KHC:5365 WP No. 23929 of 2024 respondent-Deputy Commissioner shall forthwith issue conversion certificate. iv. This exercise shall be accomplished within a period of three months from the date of receipt of certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SSD List No.: 1 Sl No.: 5