- 1 - NC: 2025:KHC:3148-DB WP No. 34549 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 34549 OF 2024 (GM-MM-S) BETWEEN: 1. SMT CHANDRAVVA HANAMANT MADAR W/O LATE HANAMANT MADAR AGE 56 YEARS R/O ANEGUDDI VILLAGE RAMDURGA TALUK BELAGAVI DISTRICT - 591 123 2. SRI YALLAPPA HANAMANT MADAR S/O LATE HANAMANT MADAR AGE 55 YEARS R/O ANEGUDDI VILLAGE RAMDURGA TALUK BELAGAVI DISTRICT - 591 123 3. SRI DURGAPPA HANAMANT MADAR S/O LATE HANAMANT MADAR AGE 56 YEARS ANEGUDDI VILLAGE RAMDURGA TALUK BELAGAVI DISTRICT - 591 123 4. SRI VITHAL HANAMANT MADAR LATE HANAMANT MADAR AGE 57 YEARS R/O ANEGUDDI VILLAGE RAMDURGA TALUK BELAGAVI DISTRICT - 591 123 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:3148-DB WP No. 34549 of 2024 5. SMT. HANAMAVYA Y POTENNAVAR S/O LATE HANAMANT MADAR AGE 55 YEARS R/O ANEGUDDI VILLAGE RAMDURGA TALUK BELAGAVI DISTRICT - 591 123 …PETITIONERS (BY SRI. SHREEDHAR R. BIDRE, ADVOCATE FOR SRI RAGHAVENDRA G GAYATRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECERETARY DEPARTMENT OF REVENUE M S BUILDINGS BANGALORE - 560 001 2. THE DEPUTY COMMISSIONER BELAGAVI DISTRICT BELAGAVI - 590 001 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY BAUXITE RAOD KUAMRASWAMY LAYOUT BELAGAVI - 590 001 …RESPONDENTS (BY SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENT TO CONSIDER THE APPLICATION DATED 28.11.2024 (VIDE ANNEXURE-L) AND COMMUNICATE THE FINE AMOUNT PAYABLE FOR CONVERSION IN ACCORDANCE WITH RULE 107 OF THE KARNATAKA LAND REVENUE RULES, 1966 TO THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:3148-DB WP No. 34549 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Shreedhar R Bidre for learned advocate Mr. Raghavendra G Gayatri for the petitioners and learned Additional Government Advocate Smt. Niloufer Akbar for the respondents. 2. What is prayed by the petitioners is to direct the respondent to consider the petitioners' application dated 28.11.2024 and communicate the fine amount payable for the purpose of conversion of land in accordance with Rule 107 of the Karnataka Land Revenue Rules, 1966. It is further prayed to direct respondent No.2-the Deputy Commissioner to consider the application of the petitioner dated 25.07.2024 and to pass the order of deemed conversion in terms of Section 95(9) of the Karnataka Land Revenue Act, 1964. 3. The case of the petitioners is that the owners of the lands in Survey No.135/2 situated at Aneguddi Village, Ramadurga Taluka, - 4 - NC: 2025:KHC:3148-DB WP No. 34549 of 2024 Belagavi District which land admeasures 19 Acres and 8 Guntas. In the 2 Acres of the land out of the said total, the petitioners agreed to have installation of stone crusher. 3.1 The petitioners want the authority to consider their application dated 22.07.2024 for deemed conversion in respect of the said land for carrying out the quarrying activities. It is the case that the respondent-authorities have not taken steps to consider the application already made under Section 95(9) of the Act and that the said application is pending. Relying on the provisions of Section 95(9), it is submitted that the Deputy Commissioner is under obligation to communicate the fine payable and on payment of such fine, the land shall stand deemingly converted under the said provision. It was submitted that the application of the petitioners is complete in all other aspects, except awaiting deemed conversion. 4. In support of the prayer, learned advocate for the petitioners placed reliance on the judgment of this Court in Writ Petition No.9128 of 2024 dated 23.04.2024 as well as on the order dated 18.12.2024 in Writ Petition No.33696 of 2024. It was submitted - 5 - NC: 2025:KHC:3148-DB WP No. 34549 of 2024 that the present petition may be disposed of with similar directions as given in the aforesaid cases. 5. Accordingly, the present petition is disposed of with the following directions, (i) The application/representation dated 28.11.2024 of the petitioners shall be considered and decided by the competent authority-Deputy Commissioner. (ii) The Deputy Commissioner shall indicate and communicate to the petitioners the amount of fine payable for conversion of the land in accordance with Rule 107 of the Karnataka Land Revenue Rules, 1966. (iii) The exercise shall be completed by the Deputy Commissioner within eight weeks from the date of receipt of certified copy of this order. (iv) Upon payment of the necessary charges as may be intimated to the petitioners by the Deputy Commissioner, the application of the petitioners for deemed conversion would - 6 - NC: 2025:KHC:3148-DB WP No. 34549 of 2024 be deemed to have been granted under Section 95(9) of the Karnataka Land Revenue Act. (v) Even if the deemed conversion is granted, it is clarified that the petitioners shall be entitled to use the land for non- agricultural purpose of stone crushing only after licence for the purpose under the Act of 2011 is granted. (vi) It is made clear that the issue whether the petitioners are entitled to licence under the Act of 2011 is kept open. While deciding the application for grant of licence, the competent authority shall look into all the grounds which are set out in respect of the impugned order to be considered in accordance with law. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE AHB List No.: 1 Sl No.: 83