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2025 DAILYLAW 50517 (KAR)

IRAPPA S/O SHIVARUDRAPPA KONNUR v. THE STATE OF KARNATAKA

WP/104671/2025 · 2025-10-14

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13812 WP No. 104671 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104671 OF 2025 (KLR-CON) BETWEEN: IRAPPA S/O SHIVARUDRAPPA KONNUR, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. #53051, GANESH NAGAR, MUDALGI, TQ. GOKAK, DIST. BELAGAVI-591 312. & PETITIONER (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, ROOM NO.540, 5TH FLOOR, GATE-2, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI, D.C. COMPOUND, BELAGAVI. 3. THE ASSISTANT COMMISSIONER, GOKAK, TQ. GOKAK, DIST. BELAGAVI. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:09 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13812 WP No. 104671 of 2025 4. THE TAHASILDAR MUDALAGI, TQ. MUDALAGI, DIST. BELAGAVI. & RESPONDENTS (BY SMT. MALA B. BHUTE, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR DIRECTION QUASHING THE ONLINE ENDORSEMENT ISSUED BY THE RESPONDENT NO.2 DATED 25.11.2024 VIDE ANNEXURE C AND CONSEQUENTLY; ISSUE AN APPROPRIATE WRIT IN THE NATURE OF DECLARATION THAT THERE IS DEEMED OF CONVERSATION OF LAND FROM AGRICULTURAL PURPOSES TO NON-AGRICULTURE PURPOSES UNDER SECTION 95(2)(II) SECOND PROVISO OF THE KARNATAKA LAND REVENUE ACT 1964 OF R.S. NO.256*16 MEASURING 11 GUNTHAS OF MUDALAGI VILLAGE, ARABHANVI HOBLI, MUDALAGI TALUK, DISTRICT: BELAGAVI FOR COMMERCIAL PURPOSE AND ISSUE WRIT OF MANDAMUS OR DIRECTION TO THE RESPONDENT NO.2 TO COLLECT THE NECESSARY CONVERSION CHARGES AS IT EXISTED AS ON DATE OF DEEMED CONVERSION R OF R.S. NO.256*16 MEASURING 11 GUNTHAS OF MUDALAGI VILLAGE, ARABHANVI HOBLI, MUDALAGI TALUK, DISTRICT: BELAGAVI FOR COMMERCIAL PURPOSE AS PER SECTION 95(7) OF THE KARNATAKA LAND REVENUE ACT 1964 AND ALLIED RULES. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13812 WP No. 104671 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the endorsement at Annexure-C in terms of which the petitioner's application for conversion of land bearing Sy.No.256/16 in Mudalagi Village, Taluk Mudalagi is rejected. 2. The petitioner claims that the law relating to conversion of agricultural land is amended vide notification dated 27.07.2023 and the time prescribed for considering the application for conversion of land is 30 days from the date of application, failing which, the land should be deemed to have been converted, if the land is in rural area. 3. Learned Government Advocate would oppose the petition on the premise that the order is passed for valid reasons. Learned Government Advocate would also submit that the Regional Town Planning Officer and the Tahasildar have not given positive report in favour of the petitioner for conversion. - 4 - HC-KAR NC: 2025:KHC-D:13812 WP No. 104671 of 2025 4. In terms of the amended provisions of the Karnataka Land Revenue Act, 1964, which was amended in 2023, in case no endorsement is issued to the applicant (within 30 days from the date of application, for conversion of land who seeks conversion of land) in case the land is located in the rural area, the land is to be deemed to have been converted. 5. Learned counsel for petitioner has also referred to the judgment of the Co-ordinate Bench of this Court in W.P. No.201320/2024 dated 04.11.2024. 6. Considering the said judgment, this Court is of the view that the petition has to be allowed and impugned endorsement has to be quashed as no endorsement is issued within 30 days from the date of application. 7. Hence, the following: ORDER (i) Petition is allowed. - 5 - HC-KAR NC: 2025:KHC-D:13812 WP No. 104671 of 2025 (ii) Impugned endorsement dated 25.11.2024 at Annexure-C is quashed. (iii) Respondents are directed to intimate the petitioner as to the total amount payable by the petitioner towards conversion charges, fees etc. within four weeks from the date of the receipt of the copy of this order. (iv) On such receipt of intimation from the concerned respondents, the petitioner shall make payment within two weeks thereafter. (v) On receipt of such payment, the respondents shall issue necessary conversion order within two weeks from the date of receipt of payment. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA CT:BCK LIST NO.: 1 SL NO.: 36