- 1 - HC-KAR NC: 2025:KHC-D:8289 WP No. 101508 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE RADEEP SINGH YERUR WRIT PETITION NO. 101508 OF 2025 (KLR-CON) BETWEEN: SRI. G.P. VENKATA NAIDU C/O. PEDDAPAIAH, AGED ABOUT 83 YEARS, OCC: BUSINESS, R/O. FLAT NO.401, 4TH FLOOR, ARYA KRISHNA APARTMENT, KOTHIHOSAHALLI, VIDYARANYAPURA, BENGALURU-560 097. …PETITIONER (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: THE DEPUTY COMMISSIONER, VIJAYANAGARA DISTRICT, VIJAYANAGARA-587 301. …RESPONDENT (BY SRI. M.M. KHANNUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE IMPUGNED ENDORSEMENT ORDER DATED NILL BEARING NO. NILL PASSED BY THE RESPONDENT OF VIJAYANAGARA PRODUCED AS ANNEXURE-B IN RESPECT OF LAND BEARING SY. NO.465/*/A/3A MEASURING 0.39 ACRES SITUATED AT AMARAVATHI VILLAGE, TQ: HOSAPETE DIST: VIJAYANAGAR BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OF DIRECTION. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8289 WP No. 101508 of 2025 b) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO GRANT THE CONVERSION ORDER VIDE APPLICATION NO. 736674 DATED 26/12/2024 IN RESPECT TO THE LAND BEARING SURVEY NUMBER 465/*/A/3A MEASURING 0.39 ACRES SITUATED AT AMARAVATHI VILLAGE, TQ HOSAPETE, DISTRICT VIJAYANAGARA. c) ISSUE A WRIT OF MANDAMUS DECLARING THAT THE LAND BEARING SURVEY NUMBER SURVEY NUMBER 465/*/A/3A MEASURING 0.39 ACRES SITUATED AT AMARAVATHI VILLAGE, TQ HOSAPETE, DISTRICT VIJAYANAGARA ARE DEEMED TO HAVE BEEN CONVERTED BY VIRTUE OF SECTION 95 OF THE KARNATAKA LAND REVENUE ACT AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Learned AGA Sri.M. M. Khannur, is directed to take notice for the respondent. 2. Heard the learned counsel for the petitioner. 3. Petitioner is the owner of the agricultural lands bearing survey No.465/3A measuring 0.39 acres, situated at Amaravathi Village, Hosapete Taluk, District Vijayanagar, having obtained the said land through - 3 - HC-KAR NC: 2025:KHC-D:8289 WP No. 101508 of 2025 succession on 24.10.2021. The revenue entries reflect the name of the petitioner. The property of the petitioner was shown to be coming within the limits of Hosapete City Municipal Council by an endorsement dated 07.01.2025, vide Annexure-C. The petitioner made an application on 26.12.2024 for conversion of said land of the petitioner from agricultural to non-agricultural purpose. Despite the application being made, no action has been taken by the respondent. Hence, the petitioner is before this Court. 4. It is the contention of learned counsel for the petitioner that, once the land belonging to the petitioner comes within the Hosapete City Municipal Council and the endorsement having been issued to that effect, the respondent ought to have converted the land to non- agricultural purpose as contemplated under Section 95(2)(i) of the Karnataka Land Revenue (Amendment) Act, 2023 (hereinafter referred to as the ‘Act’, for short), on the ground that the land would be deemed to be converted. Having not done so, the petitioner is before this - 4 - HC-KAR NC: 2025:KHC-D:8289 WP No. 101508 of 2025 Court for the inaction of the respondents. Learned counsel for the petitioner relies on the judgment of a Co-ordinate Bench of this Court in W.P.No.101075/2024 dated 21.02.2024, in support of his case. 5. The provisions of section 95(2)(i) of the Act is not disputed by the learned AGA. Learned AGA further contends that, if the property is falling within the City Municipal limits and the same has been declared so by an endorsement by the City Municipal Council, Section 95(2)(i) of the Act would be squarely applicable to the case on hand. 6. Under the circumstances, once the property falls within the City Municipal Council or Municipality, the provisions of Section 95(2)(i) of the Act would be attracted and it would be a deeming provision. Therefore, the respondents are duty bound to pass an order granting conversion of agricultural land to non-agricultural purpose as contemplated under the said provision. Having not done - 5 - HC-KAR NC: 2025:KHC-D:8289 WP No. 101508 of 2025 so, the respondent committed an illegality, but the respondent ought to follow the due process of law, more specifically section 95(2)(i) of the Act, more so when the application is filed seeking conversion of land. 7. In view of the above, it is only a formality of the requirement for the petitioner to seek permission to divert or convert the land from agricultural to non-agricultural purpose in view of the lands of the petitioner coming within the Hosapete City Municipal Council limits. 8. Under the circumstances, I pass the following: ORDER i. The petition is allowed. ii. A writ of mandamus is issued directing the respondent to pass suitable orders of conversion of the land of the petitioner from agricultural to non- agricultural purpose by collecting any conversion fee, if so applicable and if not paid. - 6 - HC-KAR NC: 2025:KHC-D:8289 WP No. 101508 of 2025 iii. The compliance of this order shall be done in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE gab CT-MCK List No.: 1 Sl No.: 29