- 1 - HC-KAR NC: 2025:KHC-D:8287 WP No. 104112 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. 104112 OF 2024 (KLR-CON) BETWEEN: SMT. K.N. NANDINI W/O. K.V. NAGARAJ, AGED ABOUT 48 YEARS, OCC: AGRICULTURE, R/O. 8TH CROSS, M.J. NAGAR, HOSAPETE, TQ: HOSAPETE-583201, DIST: VIJAYANAGAR. …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, a) QUASH THE IMPUGNED ORDER DATED 18-08-2023 BEARING NO.NIL VIDE ANNEXURE-C PASSED BY THE RESPONDENT BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS. b) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO ISSUE CHALLAN FOR PAYMENT OF CONVERSION FEE IF ANY AND HOLD THAT THE LAND BEARING SY.NO.14/A-2 MEASURING 31 CENTS SITUATED AT NANDIBANDI VILLAGE, TQ: HOSAPETE, DIST: VIJAYANAGAR IS DEEMED TO HAVE BEEN CONVERTED AS PER SECTION 95 (2)(II) OF THE KARNATAKA LAND REVENUE ACT AND FURTHER DIRECT THE RESPONDENT TO ISSUE CONVERSION ORDER TO THE SAID LAND. THIS PETITION COMING ON FOR PRELIMINARY HEARING 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:8287 WP No. 104112 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Learned AGA Sri.Madanmohan M. Khannur, is directed to take notice for the respondent. 2. Heard the learned counsel for the petitioner. 3. Petitioner is the owner of the land bearing Survey No.14/A-2 measuring 31 cents situated at Nandibandi Village, Hospete Taluk, District Vijayanagar, having secured the property by way of partition. The revenue entries reflect the name of the petitioner. 4. It is the contention of the learned counsel for the petitioner that, the land of the petitioner is covered by residential areas and developments have taken place in the entire area surrounding his land. The petitioner applied for conversion of the land to non-agricultural purpose for utilization of the same for residential purpose on 18.08.2023 under Section 95 of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as ‘the Act’, for - 3 - HC-KAR NC: 2025:KHC-D:8287 WP No. 104112 of 2024 short). Despite an application being made under Section 95(2)(ii) of the Act, the application was not considered within 30 days, and it is contended that, in view of no action being taken as contemplated under Section 95(2)(ii) of the Act, the deemed provision comes into play. It is further contended by the learned counsel for the petitioner that, despite no action being taken within the period specified under Section 95(2)(ii) of the Act, the Deputy Commissioner has passed an order post the period specified, rejecting the application for conversion of land, which is illegal and arbitrary and the same is not contemplated under the Act. Therefore, he contends that by operation of law, there is a deeming provision under Section 95(2)(ii) of the Act, and once the time period comes to an end, there will not be any scope for the Deputy Commissioner to pass further orders in the matter as he becomes functus officio. Under these circumstances, he seeks to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:8287 WP No. 104112 of 2024 5. Per contra, learned AGA representing the respondent sustains the impugned order passed by the Deputy Commissioner and seeks dismissal of this petition. 6. This Court had the option to deal with such matters of conversion under Section 95 of the Act in Writ Petition No.102375/2024. Section 95 of the Act provides for conversion of land. Having considered the provisions of Section 95 of the Act, this Court held at para 9 that, “nothing much is left for respondent No.2 to do in the matter when conversion is sought, except to accept in accordance with the statute and the amendment made to the statute that there is a deemed conversion of the land and the authority is to act in accordance with the proviso within a period of 15 days, thereafter, within a period of 30 days, within which period if no action is taken, it amounts to deemed conversion, and the certificate is to be issued to the claimant for conversion by accepting the prescribed fee”. - 5 - HC-KAR NC: 2025:KHC-D:8287 WP No. 104112 of 2024 7. Under the circumstances, I pass the following: ORDER i. This petition is allowed. ii. The impugned order dated 18.08.2023 passed by the respondent is hereby quashed. iii. A mandamus is issued directing the respondents to issue challan for payment of conversion fee, if any, and to issue an order of conversion of land to non-agricultural purpose as sought under Section 95(2)(ii) of the Act. iv. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE gab CT-MCK List No.: 1 Sl No.: 25