- 1 - HC-KAR NC: 2025:KHC:32788-DB WP No. 20025 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 20025 OF 2025 (GM-MM-S) BETWEEN: 1. BEKEM INFRA PROJECTS PVT. LTD. REGISTERED OFFICE AT: VILLA NO.10, KATHA No.264/95/5/9 F.NO. 10, TMR BLOSSOMS LAKSHMI GANAPATI LAYOUT, YELHANKA BENGALURU - 560 064. REP. BY ITS DIRECTOR SRI KODALI MOHAN KRISHNA. …PETITIONER (BY SRI SHRIDHAR G. BIDRE, ADVOCATE FOR SRI RAGHAVENDRA G. GAYATRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, BAGALKOT DISTRICT BAGALKOT - 587 101. Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32788-DB WP No. 20025 of 2025 3. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY BAUXITE ROAD, KUMARASWAMY LAYOUT BELAGAVI - 590 001. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OF ANY OTHER WRIT DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION DATED 25.02.2025 (VIDE ANNEXURE-F) AND COMMUNICATE THE FINE AMOUNT PAYABLE FOR CONVERSION IN ACCORDANCE WITH RULE 107 OF THE KARNATAKA LAND REVENUE RULES, 1966 TO THE PETITIONER & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice. 2. The learned Additional Government Advocate accepts notice. She fairly states that similar matters have been disposed of with a direction to the concerned authorities to consider the - 3 - HC-KAR NC: 2025:KHC:32788-DB WP No. 20025 of 2025 applications filed by petitioners in light of certain directions. She also refers to an order dated 03.04.2025 captioned Ashok Mahaveer Bhadale v. The State of Karnataka and others [NC:2025:KHC:14136-DB], directing the respondents to consider the applications of the petitioners in the said case filed for deemed conversion under Section 95(9) of the Karnataka Land Revenue Act, 1964 [the KLR Act]. 3. The petitioner contends that they are absolute owners of lands comprising in Survey No. 268/2B measuring 9 acres 27 guntas situated at Kellur Village, Amingad Hubli, Ilkal Taluk, Bagalkot District. The petitioner intended to carry on quarrying operations on the land to the extent of 6 acres 16 guntas out of the total land measuring 9 acres and 27 guntas. The petitioner had applied for conversion of the said land. He had made a representation dated 21.02.2025 requesting that the same be treated as an application under Section 95(9) of the KLR Act for deemed conversion of the above mentioned land to the extent of 6 acres and 16 guntas. It is stated that there is no provision for making an online application and therefore the petitioner was constrained to file a physical application. - 4 - HC-KAR NC: 2025:KHC:32788-DB WP No. 20025 of 2025 4. It is noted that this Court had considered a similar issue in Writ Petition No. 9128/2024 captioned 'Sri. K.S. Mitra vs. State of Karnataka & Another' [NC:2004:KHC:16095-DB] and had issued the following directions: "(i) The application-representation of the petitioner dated 19.01.2024 shall be considered and decided by the competent authority-Deputy Commissioner, who shall communicate to the petitioner about the amount of fine payable for conversion in accordance with rule 107 of the 1966 Rules. (ii) Such intimation shall be given by the Deputy Commissioner within eight weeks from the date of receipt of present order. (iii) Upon payment of the necessary charges as may be indicated as above, the application of the petitioner dated 19.01.2024 shall be deemed to have been granted under sub Section 9(95) of the Karnataka Land Revenue Act, 1964. (iv) It is made clear that the issue whether the petitioner is entitled to a licence under said Act of 2011 is kept open. While considering the application for grant of a licence under the said Act of 2011, even the grounds which are set out in the impugned order can be considered in accordance with law. (v) It is further made clear that even if a deemed conversion as above is granted, the petitioner is entitled to use the said land for non agricultural purpose of stone - 5 - HC-KAR NC: 2025:KHC:32788-DB WP No. 20025 of 2025 crushing only after a licence under the said Act of 2011 is granted." 5. As pointed out by the learned AGA, other petitions have also been disposed of in terms of the aforementioned directions, which were issued in W.P.No. 9128 of 2024. 6. Accordingly, we dispose of the present petition, with a direction that the representation / application dated 21.02.2025 of the petitioner be considered in accordance with the afore- mentioned directions. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KS List No.: 1 Sl No.: 12