- 1 - NC: 2025:KHC-D:3230 WP No. 100851 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100851 OF 2025 (KLR-CON) BETWEEN: ADITHI AUTOMOTIVES PVT. LTD., PRIVATE LIMITED COMPANY, #158/F, HOSAPETE ROAD, SUDHA CROSS, CONTONMENT BALLARI, REPRESENTED BY ITS MANAGING DIRECTOR, G. JAYAPRAKASH, AGE: 58, #158/F, HOSAPETE ROAD, SUDHA CROSS, CONTONMENT BALLARI. …PETITIONER (BY SRI. DAYANAND M. BANDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS SECRETARY, M.S. BUILDING, BENGALURU-560001. 2. DEPUTY COMMISSIONER, BALLARI, THE OFFICE OF DEPUTY COMMISSIONER, BALLARI-583201. 3. THE COMMISSIONER, BALLARI URBAN DEVELOPMENT AUTHORITY, BALLARI-583201. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 & R2; SRI. Y. LAKSHMIKANT REDDY, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUED WRIT OF CERTIORARI OR ANY OTHER ORDER IN THE FORM OF DIRECTION TO QUASH THE ORDER BEARING NO. SAM/KAM/BHU.PA/11011/27/2024 DATED 10/12/2024 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE “F” TO THE WRIT PETITION IN THE INTEREST OF ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3230 WP No. 100851 of 2025 JUSTICE AND EQUITY; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 AND 3 TO CHANGE THE LAND USE OF SURVEY NO.792B/30 MEASURING 25 CENTS SITUATED IN KOLAGALLU VILLAGE OF BALLARI TALUKA, TO COMMERCIAL USE AS SOUGHT FOR IN THE PETITIONER’S LETTER DATED 06/11/2024 VIDE ANNEXURE “E” TO THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. To issued writ of certiorari or any other order in the form of direction to quash the order bearing No. SAM/KAM/BHU.PA/11011/27/2024 dated 10/12/2024 passed by the Respondent No.2 vide Annexure “F” to the writ petition in the interest of justice and equity; ii. Issue a writ of mandamus directing the respondents No.2 and 3 to change the land use of Survey No.792b/30 Measuring 25 Cents situated in Kolagallu Village of Ballari Taluka, to Commercial Use as sought for in the petitioner’s letter dated 06/11/2024 vide Annexure “E” to the writ petition in the interest of justice and equity. iii. To grant any other relief under the facts and circumstances of the case in the interest of justice and equity. 2. The land measuring 4 acres in Sy.No.792/B/10 was owned by one Mr.M.R.Uday Kumar S/o Ramachandra Naidu, who had applied for conversion of the said land - 3 - NC: 2025:KHC-D:3230 WP No. 100851 of 2025 from agriculture to residential purposes in year 2003. By order dated 02.08.2003 an extent of 3 acres 75 cents was converted from agriculture to non- agriculture/residential purposes. However, 25 cents was reserved for widening of the National Highway and not converted. 3. The said Mr.M.R.Uday Kumar S/o Ramachandra Naidu sold the entire property measuring 4 acres to one Mr. Chandrahasa on 20.05.2009 and said Mr. Chandrahasa in-turn sold the same to the petitioner on 19.08.2013. The petitioner had applied on 31.03.2015 for conversion of said land from residential to commercial purposes. 4. Once again the extent of 25 cents had not been converted and it is in that background that the petitioner gave representations/applications on 06.11.2024 at Annexure-E stating that Highway having already been formed, the 25 cents were not required for the purpose of widening of the Highway and as such, the 25 cents could also be converted to commercial purposes. The said request came to be rejected by the endorsement dated - 4 - NC: 2025:KHC-D:3230 WP No. 100851 of 2025 10.12.2024 at Annexure-F on the ground that the same can be considered only if an application could be made for 3 acres 75 cents, which had already been converted for residential purposes and if an application has filed in relation thereto, the same would be considered. 5. Having heard the learned counsels and having gone through the papers, there seems to be a lapse on part of the authorities concerned. Once an agricultural land had been converted to non-agriculture purposes and the said land came under the development plan, the Deputy Commissioner/Revenue Authorities would become functus officio and cannot excise any revenue jurisdiction on the said land and it is for the development authority to take action in relation thereto. The land having been converted for residential purposes and coming under the development plan, any particular change in the character of the said land is required to be done by the development authority by exercising powers under Section 14 of The Karnataka Town And Country Planning Act for change of land use. No conversion can be granted by the Deputy Commissioner as regards the lands which - 5 - NC: 2025:KHC-D:3230 WP No. 100851 of 2025 comes within the development plan as regards lands which had already been converted. 6. In that view of the matter, respondent No.1 is directed to look into this issue and issue appropriate directions to all the Deputy Commissioners not to exercise any jurisdiction for conversion as regards the land, which comes under the development authorities jurisdiction by virtue of it being included in a development plan. 7. In the present matter, the land to an extent of 3 acres 75 cents having been converted from agriculture to residential purposes and coming within the purview of the development plan, the petitioner would be at liberty to make such application as necessary in terms of Section 14 of the Karnataka Town And Country Planning Act for change of land use which would have to be considered by the concerned authority in accordance with law. 8. Insofar as the remaining 25 cents are concerned, it is for the petitioner to make necessary application for conversion of that land from agriculture to non agriculture purposes, which shall be considered by the - 6 - NC: 2025:KHC-D:3230 WP No. 100851 of 2025 Deputy Commissioner in terms of subsection (2) of Section 95 of the Karnataka Land Revenue Act, 1964 within the time lines prescribed therein. 9. With the above observations, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 11