- 1 - HC-KAR NC: 2025:KHC-D:7776 WP No. 103437 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103437 OF 2025 (KLR-CON) BETWEEN: 1. SHRI K. VENKATASITHARAMAYYA S/O. VENKATESHWARRAO, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. WARD NO.25, 1ST CROSS, 3RD SUB-LINK, KUVEMPU NAGAR, CANTONMENT, BALLARI-583102, TQ: AND DIST: BALLARI. 2. SHRI K. SHIVARAMAKRISHNA S/O. VENKATESHWARRAO, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. 9TH WARD, MANGAMMA CAMP, BALLARI-583102, TQ AND DIST: BALLARI. 3. SHRI K. RAVISHANKAR S/O. VENKATESHWARRAO, AGE: 41 YEARS, OCC: AGRICULTURE, R/O. 9TH WARD, MANGAMMA CAMP, BALLARI-583102, TQ AND DIST: BALLARI. …PETITIONERS (BY SRI. PRUTHVI K.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRL. SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BALLARI-583101, DIST: BALLARI. 3. THE TAHASILDAR, BALLARI-583101, DIST: BALLARI. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.06.19 16:01:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7776 WP No. 103437 of 2025 4. THE ASSISTANT COMMISSIONER, BALLARI-583101, DIST: BALLARI. …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 A. ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ENDORSEMENT ORDER DATED 23/7/2024 ISSUED/UPLOADED THROUGH ONLINE BY THE RESPONDENT NO.2 VIDE ANNEXURE-N, IN THE INTEREST OF JUSTICE AND EQUITY. B. ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENT NO.2 TO ISSUE CONVERSION ORDER FOR RESIDENTIAL PURPOSE PURSUANT TO ONLINE APPLICATION NO.681469 SUBMITTED TO THE RESPONDENT NO.2 IN RESPECT OF LAND BRG SVY NO.597/B1B2A3D1A MEASURING TO AN EXTENT OF 2 ACRE SITUATED AT BALLARI, TQ AND DIST: BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard the learned counsel for the petitioners and the learned AGA for the respondents-State. 2. The petitioners are the absolute owners of agricultural land bearing Sy.No.597/B1b2a3D1A, measuring 2 acres, situated at Ballari, tq: & dist: Ballari, having purchased the same by way of registered sale deed - 3 - HC-KAR NC: 2025:KHC-D:7776 WP No. 103437 of 2025 dated 17.10.1996. Pursuant to the registered sale deed, name of the petitioners are entered in the record of rights. The petitioners in order to convert their land from agricultural to non-agricultural/residential use, made an application/representation to the respondent-Ballari Urban Development Authority (BUDA) to consider the same, which gave a favourable observation/report to the 2nd respondent for conversion of land to non- agricultural/residential use. Pursuant to the enquiry conducted, respondent No.3 also gave a favourable report to the 2nd respondent along with detailed observation for conversion to non-agricultural/residential use. But, however despite the said report submitted by BUDA and respondent No.3, the respondent No.2 rejected the application of the petitioner on unsustainable frivolous grounds by way of impugned endorsement. The petitioners are before this Court questioning the impugned endorsement issued by the 2nd respondent which is contrary to the provisions of law as contemplated under - 4 - HC-KAR NC: 2025:KHC-D:7776 WP No. 103437 of 2025 Section 95(2)(i) of the Karnataka Land Revenue Act, 1964 and so also the judgments of this Court in W.P.No.102319/2024, W.P.No.103059/2023 and W.P.No.106864/2023. 3. Learned counsel further contends that ones the land comes within the jurisdiction of the BUDA and the land coming within the Municipality, it amounts to deemed conversion, as contemplated under Section 95(2)(i) of the KLR Act. Therefore, the land coming within BUDA would not require further conversion as it amounts to deemed conversion as contemplated under the provisions of KLR Act and the rejection of the application is arbitrary despite the report and opinion submitted by BUDA and the Tahasildar. Hence the impugned order deserves to be set aside. 4. Section 95(2(i) of the Karnataka Land Revenue Act, 1964 reads as under: “95(2)(i) The permission of the Deputy Commissioner shall not be required for diversion of - 5 - HC-KAR NC: 2025:KHC-D:7776 WP No. 103437 of 2025 lands for non-agricultural purposes, if such lands assessed or held for the purpose of agriculture, is as per the land use as specified in the Master Plan duly published, for the concerned land under the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963): Provided that, the prescribed fee under sub- section (7) shall be paid to the concerned Town Planning Authority at the time of obtaining requisite permissions from the Authority along with self declaration as may be prescribed.” 5. Learned AGA representing the State, sustains the order passed by the Authority on the ground that the petitioners have not produced judgment/ order in O.S.No.133/2011 and O.S.No.110/1964, therefore, rightly rejected conversion to non-agricultural/residential purpose. 6. I have heard the learned counsel for the petitioners in this matter. There is sufficient force in the submission put forth by the learned counsel for the petitioners, as the above stated provisions under Section 95(2)(i) of the KLR Act clearly specifies that if the land falls within the master plan of the municipality or within BUDA, then, the land would be deemed to be converted to - 6 - HC-KAR NC: 2025:KHC-D:7776 WP No. 103437 of 2025 non-agricultural/residential purpose and there is no connection between above suits and land of petitioners. 7. Under the circumstances, the impugned endorsement issued by the 2nd respondent, is illegal, perverse and the same deserves to be set aside. Accordingly, it is set aside. Hence, I pass the following: ORDER i. This petition is allowed. ii. The impugned endorsement passed by respondent No.2 dated 23.07.2024 vide Annexure-N rejecting the application filed by the petitioners dated 18.06.2024 is hereby quashed. iii. Writ of mandamus is issued directing respondent No.2 to issue conversion order in respect of the land of the petitioners in Sy.No. 597/B1b2a3D1A, measuring 2 acres, situated at Ballari, tq: & dist: Ballari. - 7 - HC-KAR NC: 2025:KHC-D:7776 WP No. 103437 of 2025 iv. This exercise shall be completed by the respondent No.2 within a period of six weeks from the date of receipt of a copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 99