- 1 - HC-KAR NC: 2025:KHC-D:7274-DB WA No. 100254 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT APPEAL NO.100254 OF 2025 (KLR-CON) BETWEEN: 1. THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD, PINCODE-580004. 2. THE TAHASILDAR, DHARWAD DIST: DHARWAD, PINCODE-580001. …APPELLANTS (BY SRI. T. HANUMAREDDY, ADDITIONAL GOVERNMENT ADVOCATE) AND: 1. GURUMURTHY S/O. CHANNABASAPPA NASABI, AGE ABOUT 37 YEARS, OCC: AGRICULTURIST, RESIDENT OF UDAPI ONI, SHIKRAUWAR PETH, DHARWAD, TQ: DHARWAD, DIST: DHARWAD-580001. 2. THE COMMISSIONER, THE HUBBALLI-DHARWAD DEVELOPMENT AUTHORITY, NAVANAGAR HUBBLLI, DIST: DHARWAD-580025. …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL AND SET-ASIDE THE ORDER DATED 12.09.2024 IN W.P.NO.105361/2024 PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:7274-DB WA No. 100254 of 2025 THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This appeal has been filed at the hands of the Deputy Commissioner, Dharwad along with the Tahasildar, Dharwad, aggrieved of the impugned order passed by the learned Single Judge in W.P.No.105361/2024 dated 12.09.2024. 2. It was the contention of the Writ Petitioner that although he filed an application seeking conversion of land on 07.02.2024, the same was rejected by order dated 19.07.2024, long after the period of thirty days prescribed in the statute i.e., the Karnataka Land Revenue Act, 1964. 3. We have gone through the grounds raised in the Writ Appeal and we do not find any tenable ground raised by the appellants. - 3 - HC-KAR NC: 2025:KHC-D:7274-DB WA No. 100254 of 2025 4. Prior to the amendment brought to the provisions in Section 95 of the Act, sub-section (5) provided that if the Deputy Commissioner fails to inform the applicant of his decision on the application made under sub-section (2) within a period of four months, from the date of receipt of the application, the permission applied for shall be deemed to have been granted. However, by virtue of Amendment Act No.2 of 2023, with effect from 27.07.2023 the provisions contained in sub-sections (3) to (6) were omitted and in its place, the 4th proviso to sub- section(2) provides as follows: “Provided further that, in case the Deputy Commissioner fails to give his decision and issues the order under this sub-section within thirty days from the date of receipt of the application, the approval of the diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall be certified and issued in such manner as may be prescribed subject to payment of fee as prescribed under sub-section (7).” - 4 - HC-KAR NC: 2025:KHC-D:7274-DB WA No. 100254 of 2025 5. In that view of the matter, since admittedly the application was filed by the petitioner on 07.02.2024, the Deputy Commissioner was required to give his decision and issue orders within thirty days from the date of receipt of the application failing which, it is deemed to have been granted by the Deputy Commissioner. 6. We do not see any merit in the Writ Appeal. Consequently, the Writ Appeal stands dismissed without notice to the contesting respondents and without condoning the delay of 187 days in filing the appeal. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE NAA CT: UMD List No.: 1 Sl No.: 23