- 1 - NC: 2025:KHC-D:4003 WP No. 100411 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100411 OF 2025 (LB-RES) BETWEEN: DEEPAK S/O. MALLU KANKONKAR, AGE: 58 YEARS, OCC: BUSINESS, R/O. HP NO.17, RAMNAGAR, TAL: JOIDA, DIST: KARWAR (U.K). …PETITIONER (BY SRI. ABHIJEET S. KANKONKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIKAS SOUDHA, BENGALURU, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, UTTAR KANNADA-581301. 3. THE PDO, GRAM PANCHAYAT RAMNAGAR, TAL: JOIDA, DIST: KARWAR-581453. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R2; SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.3 TO ISSUE THE NO OBJECTION CERTIFICATE (NOC) IN FAVOR OF THE PETITIONER, AS PER ANNEXURE-A WITHOUT INSISTING ON THE SUBMISSION OF A SURVEY MAP AND ETC. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4003 WP No. 100411 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of Mandamus directing Respondent No.3 to issue the No Objection Certificate (NOC) in favor of the Petitioner, as per Annexure-A without insisting on the submission of a survey map. ii. Pass any other writ, order, or direction as this Hon’ble Court may deem fit and proper in the interest of justice and equity. 2. The contention of the petitioner is that the petitioner is the owner of the land bearing Sy.No.243/B/374+375+376, plot No.671, measuring 4 acres 38 guntas situated at Ramnagar (Akrali) village, Tq: Joida, Dist: Uttara Kannada. The petitioner wanting to convert the said agriculture land for non- agriculture commercial purposes had sought for ‘no objection certificate’ (NOC) from respondent No.2. Inspection was carried out of the property but, the application was kept pending. Hence, the petitioner made a representation to respondent No.3-PDO of the Ramnagar Gram Panchayat seeking for NOC. - 3 - NC: 2025:KHC-D:4003 WP No. 100411 of 2025 Respondent No.3 issued endorsement on 30.12.2024 requesting for submission of survey map. The petitioner sought to apply for the 11E sketch, Location Map, PT sheet, Akarbandh, from the Revenue Department but, the same was not furnished and it is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. 3. Sri Mallikarjunswamy B.Hiremath., learned counsel appearing for respondent No.3-PDO had submitted that PDO is unable to issue the NOC for the reason that there are no records available as regards the land of the petitioner and certain other lands. There being land in 3 villages, which were taken up for rehabilitation work and these details not being entered into in the relevant records, OnLine or otherwise, NOC cannot be issued by the PDO. His further submission is that property details of the petitioner and the number were not mentioned in the original plan. 4. The petitioner had further contended that an affidavit had been filed by the ADLR in CCC No.100221/2024 - 4 - NC: 2025:KHC-D:4003 WP No. 100411 of 2025 that a survey has not been conducted in respect of the above village and it is in that background, he contended that an exemption would have to be made for the petitioner directing consideration of the conversion application without insistence of the survey map. 5. In the background of the above submissions made by the counsel for the petitioner and respondent No.3, learned AGA was directed to secure the instructions and make submission as to whether any survey has been carried out, whether the properties have been demarcated in respect of the rehabilitation project, today learned AGA submits that no such survey has been carried out, allotment of plots have been made to displaced persons of which petitioner maybe one of them and it is in that background that the request made by the petitioner for issuance of survey sketch, could not be issued. 6. 6. Though the above petition has been filed by the petitioner only in respect of his land as indicated - 5 - NC: 2025:KHC-D:4003 WP No. 100411 of 2025 above, what does come forth while considering the above petition is that the lands in three villages, which have been used for rehabilitation where allotments and grants have been made to several persons, there are no revenue records which are available. As such, putting at risk the title, enjoyment of those properties by the petitioner and similarly situated persons. 7. In view thereof, respondent No.1 is directed to workout a suitable plan for surveying the entire area, carry out a survey of the land of each of the allottee/grantee and cause entry of the same in the relevant records and registers. Thereafter, process the application of the petitioner and issue the documents required for the purpose of consideration of the application under Section 95 of the Karnataka Land Revenue Act for conversion of the aforesaid land. The entire process to be completed within a period of 6 months from the date of receipt of a copy of this order. - 6 - NC: 2025:KHC-D:4003 WP No. 100411 of 2025 8. With above observations, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT-MCK List No.: 1 Sl No.: 3