- 1 - NC: 2025:KHC:4315 WP No. 24177 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 24177 OF 2024 (LR) BETWEEN: MR ABDUL MATHEEN MOMIN S/O SRI MOMIN MOHAMMED GHOUSE AGED ABOUT 53 YEARS, R/AT GANGOLI GRAM AND POST, KUNDAPUR TALUK, UDUPI DISTRICT - 576 216 …PETITIONER (BY SRI. JAGADEESHA GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE TAHASHILDAR REVENUE OFFICE, KUNDAPURA TALUK, UDUPI DISTRICT-572216 3. DEPUTY COMMISSIONER KUNDAPURA TALUK UDUPI DISTRICT - 572 216 …RESPONDENTS (BY SMT. WAHEEDA M.M, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4315 WP No. 24177 of 2024 MANDAMUS AGAINST THE R-2 BY DIRECTING THEM TO PROVIDE CONVERSION CERTIFICATE TO THE PETITIONER. 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 The petitioner moved an application before respondent No.3 - Deputy Commissioner seeking conversion of Agricultural land bearing Sy.No.111/11 situated at Gangoli Village, Kundapur Taluk, Udupi District. Respondent No.3 - Deputy Commissioner vide endorsement dated 07.10.2024 as per Annexure - F has rejected the application on the ground that the matter is pending before this Court in W.P.No.13008/2019. 2. Upon a careful examination of the impugned endorsement and a thorough review of the writ petition filed under W.P. No.42465/1995 dated 18.10.2000, it is evident that the petitioner in that petition, as a tenant, is seeking to assert and protect his tenancy rights in respect of the land bearing Sy. No.111/6. The endorsement, however, appears to have been issued without fully considering the specific claim presented in the above said writ petition, as well as the fact - 3 - NC: 2025:KHC:4315 WP No. 24177 of 2024 that the records pertaining to the land bearing Sy.No.111/6 is secured by this Court. 3. Respondent No. 3 – Deputy Commissioner has failed to verify whether the issue in question pertains to the land in Sy. No.111/6, or to an entirely different land bearing Sy. No.111/11. 4. If the lands in question have undergone subdivision and the petitioner is now claiming the title over land bearing Sy. No.111/11, it is clear that the impugned endorsement was issued in error, as it does not take into account the full scope of the petitioner’s claim. The failure to properly examine and verify the relevant facts, including the land under dispute, amounts to a misapplication of Authority by respondent No.3. Hence, the endorsement cannot stand and should be quashed. 5. After a detailed review, it is concluded that the impugned endorsement does not align with the requirements for a fair and proper examination of the petitioner’s right to seek conversion of land bearing Sy.No.111/11. The Deputy Commissioner’s rejection of the endorsement is based on an insufficient assessment of the facts and documents presented, - 4 - NC: 2025:KHC:4315 WP No. 24177 of 2024 and it ignores the potential subdivision of the land in question. Therefore, the impugned endorsement must be quashed, and respondent No.3 is directed to carry out a thorough investigation into the matter, ensuring that all relevant facts, including the identification and verification of the land bearing Sy.No.111/11, are properly assessed before taking any further action. 6. For the foregoing reasons, the Court passes the following: ORDER (i) The Writ Petition is hereby allowed; (ii) The impugned endorsement issued by respondent No.3 - Deputy Commissioner, as per Annexure - F, is quashed and set aside; and (iii) Respondent No. 3 – Deputy Commissioner is directed to meticulously examine the details and particulars of the land that is now sought to be converted, i.e., Sy.No.111/11. This examination must include a thorough verification of the land records and the relevant facts, taking into account the petitioner’s claim. After proper - 5 - NC: 2025:KHC:4315 WP No. 24177 of 2024 scrutiny, respondent No.3 shall pass appropriate orders in accordance with the procedures outlined under Section 95 of the Karnataka Land Revenue Act, 1964, ensuring adherence to legal protocols and fairness in the decision-making process. SD/- (SACHIN SHANKAR MAGADUM) JUDGE KG List No.: 1 Sl No.: 19