- 1 - NC: 2025:KHC-D:6107 WP No. 105426 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO.105426 OF 2024 (KLR-CON) BETWEEN: S. GOVINDARAJU S/O. LATE KRISTAPPA SHETTY, AGE. 65 YEARS, OCC. AGRICULTURE, R/O. 149/16, RUPANAGUDI ROAD, BALLARI, DIST. BALLARI - 583101. …PETITIONER (BY SMT. PALLAVI PACHCHAPURE, ADV. FOR SHRI F.V. PATIL AND SHRI NANDISH PATIL, ADVTS.) AND: THE DEPUTY COMMISSIONER, BALLARI, TQ. & DIST. BALLARI – 583101. …RESPONDENT (BY SHRI T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF DECLARATION DECLARING THAT THE LAND BEARING SY.NO.450 MEASURING 2-ACRES OF BALLARI TALUK AND DISTRICT, IS DEEMED TO HAVE BEEN CONVERTED FOR NON-AGRICULTURAL PURPOSE/RESIDENTIAL IN TERMS OF PROVISO TO SECTION 95(2) OF THE KARNATAKA LAND REVENUE ACT, 1964 AND ISSUE DIRECTION TO THE RESPONDENT TO ISSUE CHALLAN TO ENABLE THE PETITIONER TO DEPOSIT THE CONVERSION FEES IN COMPLIANCE OF THE DIRECTIONS ISSUED IN ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6107 WP No. 105426 of 2024 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner has approached this Court seeking issuance a writ in the nature of Mandamus to declare that the land in question is deemed to have been converted for non agricultural/residential purposes in terms of the proviso to Section 95 (2) of the Karnataka Land Revenue Act, 1964 (“the Act, 1964” for short) 2. Heard Smt.Pallavi Pachhapure, learned counsel for Sri F.V.Patil, learned counsel for petitioner and Sri T. Hanumareddy, learned Additional Government Advocate for respondent – State. Perused the materials on record. 3. It is the contention of the learned counsel for the petitioner that the petitioner had purchased two acres of land in Sy.No.450 of Ballari Taluk and District under the registered sale deed dated 26.05.2022. The said land falls within the Ballari City, and the T.S. number is also assigned. Therefore, the land in question is deemed to be - 3 - NC: 2025:KHC-D:6107 WP No. 105426 of 2024 a non agricultural land. Therefore he is seeking writ of Mandamus to declare it as non agricultural land. 4. Learned counsel for the petitioner placed reliance on the decisions of the Co-ordinate Bench of this Court in Sham Ramchandra Kuduchakar vs. The State of Karnataka and another1 and in S.Pedda Subbayya vs. The State of Karnataka and another2, to contend that when the land in question was situated within Town Municipality or Municipal Corporation limits, there is no requirement for the petitioner to seek permission to convert the land in question. And, there is no requirement to deposit the conversion fees as prescribed under provisions of the Act, 1964. 5. It is relevant to refer Section 95 of the Karnataka Amendment Act No.2/2023 i.e., Karnataka Land Revenue (Second Amendment) Act, 2022, which came into force with effect from 12.01.2023. Substituted Sub-section (7) of Section 95 of the Act, 1964 reads as under: 1 W.P.No.101075/2024 disposed of on 21.02.2024 2 W.P.No.102061/2025 disposed of on 26.03.2025 - 4 - NC: 2025:KHC-D:6107 WP No. 105426 of 2024 “When any land assessed or held for the purpose of agriculture is permitted or is deemed to have been permitted under this section, to be used for any purpose other than agriculture, the Deputy Commissioner may, subject to such rules as may be made by the State Government in this behalf, require the payment of a fee as notified from time to time. No assessment shall be leviable on such land thereafter except under sub-section (2) of section 83.” 6. Therefore it is clear that when there is deemed permission for assessing the land for non agricultural purposes, it is a prerogative of the Deputy Commissioner to take note of the same, but shall be subject to payment of fees as notified from time to time. Once it is permitted to be used for any purpose other than agriculture, thereafter no assessment shall be liable on such land, except as provided under Sub-Section (2) of Section 83 of the Act, 1964. 7. Under such circumstance, the contention of the learned counsel for the petitioner that there is no requirement to deposit the conversion fees prescribed under the Act, 1964 and Rules cannot be accepted. - 5 - NC: 2025:KHC-D:6107 WP No. 105426 of 2024 However, since it is stated that the land in question is within the Ballari City Municipal Corporation, the Deputy Commissioner is required to follow the procedure as contemplated Section 95(7) of the Act, 1964. Accordingly, the petition is liable to be allowed. 8. At this stage, Sri D.L.Ladkhan, learned counsel submits that, the petitioner herein had filed W.P.No.100307/2016, claiming relief against the Wakf Board, wherein he is claiming that the very land is purchased by him under the registered sale deed, and Wakf Board has no authority over the property. But the Wakf Board is contesting the matter. He also submits that, W.P.No.100281/2018, is also filed by the petitioner seeking writ of Mandamus against the jurisdictional police not to interfere with possession of the petitioner. However, whether the petitioner is entitled for the reliefs claimed in those writ petitions or not will be considered in the said writ petitions by this Court. Pendency of these writ petitions cannot be ground to reject the prayer made by - 6 - NC: 2025:KHC-D:6107 WP No. 105426 of 2024 the petitioner before this Court. Hence, I am of the opinion that, the writ petition is liable to be allowed. Accordingly, I proceed to pass the following. ORDER (i) The writ petition is hereby allowed. (ii) Respondent, the Deputy Commissioner, Ballari is directed to follow the procedure as contemplated under Section 95(7) of Karnataka Land Revenue (Second Amendment) Act, 2022 to permit the petitioner to use the land for any purpose other than the agriculture, in accordance with law. Sd/- (M.G.UMA) JUDGE EM CT:ANB List No.: 1 Sl No.: 10