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2025 DAILYLAW 4488 (KAR)

S. PEDDA SUBBAYYA S/O SUBBARAYADU SALLA v. THE STATE OF KARNATAKA

WP/102061/2025 · 2025-03-26

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5569 WP No. 102061 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 102061 OF 2025 (KLR-CON) BETWEEN: S. PEDDA SUBBAYYA S/O. SUBBARAYADU SALLA, AGE: 57 YEARS, OCC: AGRICULTURE, R/O.WARD NO.5, AMBEDKAR CIRCLE, BHAGYANAGAR, KOPPAL-583238. …PETITIONER (BY SRI. ANKIT R. DESAI, ADV FOR SRI. M. V. HIREMATH, ADV.) AND: 1. THE STATE OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S. BUILDING, VIDHAN SOUDHA, BENGALURU-01. 2. THE DEPUTY COMMISSIONER D.C. OFFICE KOPPAL DIST. KOPPAL-583236. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR DIRECTION TO THE RESPONDENT NO.2 TO ISSUE CONVERSION ORDER BY CERTIFYING DEEMED APPROVAL FOR DIVERSION OF RS.NO.717/*/2 MEASURING 18 GUNTAS ‘A’ KHARAB LAND SITUATED AT KOPPAL VILLAGE, TQ AND DIST. KOPPAL FOR RESIDENTIAL PURPOSE AS PER SEC.95 (2)(I) OF THE KARNATAKA LAND REVENUE ACT, (AMENDED ACT, 2023) AND TO DETERMINE THE CONVERSION PAYABLE AS PER SUB-SECTION (7) OF SEC.95 OF ACT, 1964 AND TO ISSUE CHALLAN TO THE PETITIONER TO DEPOSIT THE LAND CONVERSION FEES VIDE ANNEXURE-C AND C1 DATED 24-06-2024 AND REPORT RESPECTIVELY. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5569 WP No. 102061 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. The petitioner has approached this Court seeking issuance of writ in the nature of Mandamus to direct respondent No.2 - the Deputy Commissioner, Koppal, to issue conversion order by certifying deemed approval of the land for residential purpose, as per Section 95(2) of the Karnataka Land Revenue Act, 1964 (‘the KLR Act’, for short), and to determine the conversion fees payable under the Act, by considering the applications produced as per Annexures ‘C’ and ‘C1’. 2. Heard Sri.Ankit R. Desai, learned counsel for the petitioner and Sri. T. Hanumareddy, learned AGA for the respondents. Perused the materials on record. 3. It is the contention of the petitioner that, he is the owner of the land bearing R.S.No.717/*/2 measuring 18 guntas of ‘A’ category Kharab land, situated at Koppal Village, and he is seeking conversion of the said - 3 - NC: 2025:KHC-D:5569 WP No. 102061 of 2025 land for residential purpose. As per Section 95(2) of the KLR Act, he seeks necessary direction to respondent No.2 - the Deputy Commissioner, Koppal, to certify that there is deemed approval of conversion, and direction to determine the conversion fees payable as per Section 95(7) of the KLR Act. 4. Learned counsel for the petitioner categorically submits that, the land in question is situated within the Koppal Municipality limits. Learned AGA has drawn the attention of the Court to the fact that the petitioner himself has produced the order dated 21.02.2024, passed in W.P.No.101075 of 2024, produced as per Annexure-E. Whereunder, the Coordinate bench of this Court, considering similar facts of the case held that, there is no requirement for the petitioner to seek permission to convert the land for residential purpose, as the same is situated within the Municipal area, and there is no requirement to deposit the conversion fees prescribed under the provisions of Karnataka Land Revenue Act and Rules. - 4 - NC: 2025:KHC-D:5569 WP No. 102061 of 2025 5. The Coordinate Bench of this Court has referred to the order dated 21.02.2018, passed in W.P.No.105734 of 2016, which was disposed of on similar terms, by observing that the said order passed by the Coordinate Bench of this Court has reached finality, as the said order was confirmed even by the Hon’ble Apex Court. 6. In view of the above, I do not find any reason to form a different opinion, as the land in question is situated within the Municipal limits of Koppal. Hence, there is no need of seeking conversion of the land for residential purpose and payment of conversion fees by applying the provisions of Land Revenue Act. 7. With these observations, the writ petition stands disposed of. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 1 Sl No.: 18