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2025 DAILYLAW 52003 (KAR)

M/S SHESHADRI LOGISTICS v. THE DEPUTY COMMISSIONER

WP/102890/2024 · 2025-07-02

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8299 WP No. 102890 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102890 OF 2024 (KLR-CON) BETWEEN: M/S SHESHADRI LOGISTICS, REPRESENTED BY ITS PROPRIETOR, SMT. K. YASHODHA, AGED ABOUT 45 YEARS, OCC: BUSINESS, R/O. 22ND WARD, J.P. NAGAR, NEAR ANJUMAN HOSPITAL, HOSAPETE, TQ: HOSAPETE, DIST: VIJAYANGAR-583201. …PETITIONER (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: THE DEPUTY COMMISSIONER, VIJAYANAGAR DISTRICT, VIJAYANAGAR-583201. …RESPONDENT (BY SRI. M.M. KHANNUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE BY ISSUE OF WRIT OF MANDAMUS DIRECTING RESPONDENT THAT THE LAND BEARING SY. NO.322/6 MEASURING 0.26 ACRES SITUATED AT HOSAPETE, TQ: HOSAPETE, DIST: VIJAYANAGAR IS DEEMED TO HAVE BEEN CONVERTED BY VIRTUE OF SECTION 95 OF THE KARNATAKA LAND REVENUE ACT AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8299 WP No. 102890 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard the learned counsel for the petitioner and learned AGA for the respondent. 2. Petitioner has filed this petition seeking the relief of mandamus directing the respondent to issue conversion order in respect of the his agricultural land bearing Sy.No.322/6 measuring 0.26 acres situate at Hosapete, Vijayanagar district. 3. It is the case of the petitioner that she is the absolute owner of land bearing Sy.No.322/6 measuring 0.26 acres situated at Hosapete, Vijayanagara district. Pursuant to which, his name is entered in the record of rights. As the lands adjacent to her land are already developed and the civic amenities has been created, she made an application seeking conversion to the Deputy Commissioner, by virtue of Section 95 of the Karnataka Land Revenue Act, as it is deemed conversion. It is her further case that, even the City Municipal Council has issued an endorsement stating that the - 3 - HC-KAR NC: 2025:KHC-D:8299 WP No. 102890 of 2024 land falls within the city limits. This being the state of affairs, as the respondent has not taken any action, the petitioner is before this court. 4. Learned counsel for the petitioner contends that, as the surrounding lands situated by the side of the land of the petitioner are developed and civic amenities is also created and the lands are converted for residential/commercial purpose, the petitioner is also entitled to the same relief, by virtue of Section 95 of the Karnataka Land Revenue Act. He further submit that, though the City Municipal Council has endorsed that the land of the petitioner falls within the city limits, the respondent has not taken any action till date. Hence, sought for a writ of mandamus. 5. It is not in dispute that the petitioner is the owner of the land the land falls within the City Municipal Council, Hosapete, as per the endorsement vide Annexure-C. A Co-ordinate bench of this Court in the case of Shri. Shrishail v. State of Karnataka and others reported in 2024(1) KCCR 769, has permitted for conversion of land - 4 - HC-KAR NC: 2025:KHC-D:8299 WP No. 102890 of 2024 falling within the limits of Urban Development Corporation. When such being the case, when the property falls within the CMC limits, the question of seeking for conversion from agricultural to non agricultural purpose would not be required. Hence, such land once it falls within the CMC limits, would be deemed to be converted to non agricultural purpose. In the case on hand, till date, the respondent has not action for conversion of land of the petitioner. 6. Under the circumstances, This Court deems it appropriate to direct the respondent to issue conversion order in respect of the petitioner’s land. Accordingly, I pass the following: ORDER i) The writ petition is allowed. ii) Writ of mandamus is issued to the respondent to issue order of conversion in respect of the land belonging to the petitioner bearing Sy.No.322/6 measuring 0.26 acres situated at Hosapete taluk - 5 - HC-KAR NC: 2025:KHC-D:8299 WP No. 102890 of 2024 Vijayanagara district from agricultural to non agricultural residential purpose as it amounts to deemed conversion. iii) The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. iv) The respondent is at liberty to collect the necessary fee and charges, if any. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK