- 1 - HC-KAR NC: 2025:KHC-D:16416 WP No. 105333 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105333 OF 2025 (KLR-CON) BETWEEN: SHRI. KRISHNA DHAMNEKAR S/O GANAPATI DHAMNEKAR, AGE ABOUT 65 YEARS, OCC. EX. SERVICEMEN, RESIDING AT: H.NO.53, NEW SHIVAJI COLONY, PAPA MALA, TILAKWADI, BELAGAVI-590 006. … PETITIONER (BY SRI. SURAJ S. MUTNAL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, NH-4A, KHADE BAZAR, RAVIWAR PETH, BELAGAVI-590 001. 3. THE COMMISSIONER, BELAGAVI URBAN DEVELOPMENT AUTHORITY, NH 4, ASHOK NAGAR, BELAGAVI-590 016. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.29 11:19:42 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16416 WP No. 105333 of 2025 4. THE SPECIAL LAND ACQUISITION OFFICER, BELAGAVI URBAN DEVELOPMENT AUTHORITY, NH 4, ASHOK NAGAR, BELAGAVI-590 016. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2; SRI. M.A. HULIYAL, ADVOCATE FOR R4; SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER DIRECTION TO QUASH THE IMPUGNED ENDORSEMENT ORDER DATED 28.06.2025 PASSED BY RESPONDENT NO.2 IN APPLICATION NO.734160 REJECTING THE PRAYER FOR CONVERSION OF LAND OF THE PETITIONER BEARING SY. NO. 88/*/5 SITUATED AT BELAGAVI VILLAGE, PRODUCED AS ANNEXURE-E, AND ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION DIRECTING RESPONDENT NO.2 TO CONSIDER THE APPLICATION/AFFIDAVIT OF PETITIONER DATED 16.12.2024 PRODUCED AS ANNEXURE-B AND FURTHER DIRECT THE RESPONDENT NO.2 TO ISSUE ORDER OF CONVERSION CONVERTING THE LAND OF PETITIONER FOR NON AGRICULTURE PURPOSE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16416 WP No. 105333 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the endorsement/order marked as Annexure-E dated 28.06.2025 passed in Application No.734160 by respondent No.2-Deputy Commissioner. 2. In terms of the said endorsement/order, respondent No.2-Deputy Commissioner has rejected the petitioner's application seeking conversion of land from agricultural use to non-agricultural use. The impugned endorsement/order reads as under: ENDORSEMENT ORDER Your application number 734160 Date 12/16/2024 6:05:34 PM for conversion to Residential purpose of Land survey number 88*5 in District BELAGAVI Taluk BELAGAVI hobli BELAGAVI village BELAGAVI has been rejected on 6/28/2025 11:29:13 AM - 4 - HC-KAR NC: 2025:KHC-D:16416 WP No. 105333 of 2025 Reason: Hence, your Reconversion application is rejected. Officer Name:- Designation : Deputy Commissioner BELAGAVI 3. It is noticed from the said order that no reason is assigned for rejecting the petitioner's application. 4. Learned counsel appearing for respondent No.3 has filed a memo dated 24.11.2025 along with a document dated 03.01.2025, said to be the notice issued to the petitioner requiring the petitioner to produce certain documents. 5. Respondent No.3 has not produced any documents to show that the said notice was duly served on the petitioner. It appears that the notice was issued pursuant to the petitioner's application seeking conversion of the land - 5 - HC-KAR NC: 2025:KHC-D:16416 WP No. 105333 of 2025 submitted before the Deputy Commissioner. Respondent No.3 could not have insisted that the petitioner to produce the records mentioned in the said notice before the land is converted for non-agricultural use. 6. It is a well settled position of law that an authority exercising the power under any Act must assign reasons for passing its orders. Especially when an application seeking conversion of land is filed, the applicant is entitled to know the reasons for rejection of such application. 7. Apart from that, this Court has also noticed procedural irregularity in the manner in which the order has been passed. 8. After the petitioner filed the application, it appears that the Deputy Commissioner sought information from respondent No.3-the Commissioner of Belagavi Urban Development Authority. This is not the procedure contemplated under Section 95 of the Karnataka Land - 6 - HC-KAR NC: 2025:KHC-D:16416 WP No. 105333 of 2025 Revenue Act, 19641. Section 14 of the Karnataka Town and Country Planning Act, 19612, also supports this view, as held by a Co-ordinate Bench of this Court in Nageshrao vs. Deputy Commissioner and Others3. The Co-ordinate Bench of this Court has held that the Deputy Commissioner has to consider an application for conversion of land to non- agricultural use within the parameters of Section 95 of the Act of 1964. In case the converted land (after conversion order) does not fit in the scheme of the master plan, then the applicant has to approach the Authority under the Act of 1961 for change of land use. 9. Hence, the following: ORDER a) The writ petition is allowed. b) The order/endorsement marked as Annexure-E dated 28.06.2025 passed in 1 For short, ‘Act of 1964’ 2 For short, ‘Act of 1961’ 3 W.P.No.53053/2018 C/w W.P.Nos.52129/2019, 3039/2020, 3099/2020 and 3100/2020, decided on 16.08.2022. - 7 - HC-KAR NC: 2025:KHC-D:16416 WP No. 105333 of 2025 Application No.734160 by respondent No.2-Deputy Commissioner, is set aside. c) The matter is remitted to respondent No.2-Deputy Commissioner to consider the petitioner’s application in accordance with the provisions of Section 95 of the Karnataka Land Revenue Act, 1964. d) It is made clear that any order to be passed on an application has to be supported by valid reasons. The Deputy Commissioner shall not insist for any instructions from the authorities under the Act of 1961 before exercising his power. e) The exercise shall be completed within 30 days from the date of receipt of copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 7