- 1 - NC: 2025:KHC-D:3912 WP No. 104024 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104024 OF 2024 (KLR-CON) BETWEEN: SRI. PRAMOD S/O. MURALIDHAR PALKAR, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. KALAGHATAGI, TQ: KALAGHATAGI, DIST: DHARWAD-581204. …PETITIONER (BY SRI. M.C. HUKKERI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, STATE OF KARNATAKA, VIDHAN SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, DHARWAD, TQ: AND DIST: DHARWAD-580001. 3. THE THASILDAR, KALAGHATAGI, TQ: KALAGHATAGI, DIST: DHARWAD-581204. 4. THE REVENUE INSPECTOR, KALAGHATAGI, TQ: KALAGHATAGI, DIST: DHARWAD-581204. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE 2ND RESPONDENT UNDER NO. LNA/MISCELLANEOUS/V HI-01/2023-24 DATED 08/01/2024 VIDE ANNEXURE-H AND ALLOWED THE APPLICATION; TO DIRECT THE 2ND RESPONDENT TO CONSIDER THE REPORTS SUBMITTED BY THE 3RD AND 4TH RESPONDENTS VIDE ANNEXURE-E AND G AND PASS APPROPRIATE ORDER ON PETITIONER APPLICATION. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.28 12:41:36 +0530 - 2 - NC: 2025:KHC-D:3912 WP No. 104024 of 2024 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) To quash the impugned endorsement issued by the 2nd respondent under No. LNA/Miscellaneous/V HI- 01/2023-24 dated 08/01/2024 vide ANNEXURE-H and allowed the application; b) To direct the 2nd respondent to consider the reports submitted by the 3rd and 4th respondents vide Annexure-E and G and pass appropriate order on petitioner application. c) Pass such order or orders which this Hon’ble court deems fit and necessary under the facts and circumstances of the case. 2. The petitioner being the owner of the land bearing Survey No.42/A/2 measuring 03 Guntas 08 Annas situated at Kalaghatagi Town, Dharwad District, had made an application for effecting conversion of the said property from agricultural to non-agricultural purposes. The said application came to be rejected by respondent No.2 vide endorsement dated 08.01.2024 at Annexure-H, on the ground that the - 3 - NC: 2025:KHC-D:3912 WP No. 104024 of 2024 extent of the land owned by the petitioner is less than 5 guntas. It is challenging the same, the petitioner is before this Court, seeking for the aforesaid reliefs. 3. The particular statute relating to conversion and the applicable law is covered under Section 95 of the Karnataka Land Revenue Act, 1964, in terms of the said provision, there cannot be any restriction as regards the extent of land, as regards which conversion is sought for, which would have to be considered to be artificial requirement of 5 guntas which is sought to be imposed on the petitioner and since the land of the petitioner is not more than 5 guntas, conversion would not be permitted, is not sustainable, in view of Section 95 of the Karnataka Land Revenue Act, 1964. 4. In that view of the matter, I pass the following: ORDER - 4 - NC: 2025:KHC-D:3912 WP No. 104024 of 2024 i. Writ petition is allowed. ii. The endorsement issued by respondent No.2 under No.LNA/ Miscellaneous/V H1-01/2023-24 dated 08.01.2024 vide Annexure-H is quashed. iii. Respondent No.2 is directed to consider the application of the petitioner afresh, if necessary, by calling upon the petitioner to furnish such other and further documents as may be necessary and pass necessary orders in terms of Section 95 of the Karnataka Land Revenue Act, within 30 days from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 0