KHAZAMAINUDDIN IMAMSAB MUCHCHALE v. THE DISTRICT COMMISSIONER
WP/108063/2025 · 2025-12-19
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61008 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61008 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:18688 WP No. 108063 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108063 OF 2025 (KLR-CON) BETWEEN:
KHAZAMAINUDDIN IMAMSAB MUCHCHALE, AGE. 54 YEARS, OCC. BUSINESS, R/O. #212, KARWAR ROAD, ARAVIND NAGAR, HUBBALLI-580 024. … PETITIONER (BY SRI. SANKET S. AMBALI, ADVOCATE)
AND:
1. THE DISTRICT COMMISSIONER, D.C. COMPOUND, DHARWAD-580 001. 2. THE TAHASHILDAR, KALAGHATAGI, MINI-VIDHANSOUDHA, KALAGHATAGI, DIST. DHARWAD-581 204. 3. THE REVENUE INSPECTOR, KALAGHATAGI, MINI-VIDHANSOUDHA, KALAGHATAGI, DIST. DHARWAD-581 204. … RESPONDENTS (BY SMT. MALA B. BHUTE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI/ORDER/DIRECTION OF APPROPRIATE NATURE AND SET ASIDE THE IMPUGNED ENDORSEMENT ORDER DATED 29.07.2024 BEARING APPLICATION NO.691329 ISSUED BY RESPONDENT NO.1 ANNEXED AS ANNEXURE-A, AND CONSEQUENTLY DIRECT THE RESPONDENT NO.1 TO ISSUE THE PERMISSION FOR DIVERSION OF R.SY. NO.94/*/A SITUATED AT CHALAMATTI VILLAGE, DHUMMAWAD HOBLI, KALAGHATAGI TALUK, DHARWAD DISTRICT, FOR NON-AGRICULTURE (COMMERCIAL) PURPOSE AT THE EARLIEST;
ISSUE WRIT IN THE NATURE OF MANDAMUS/ORDER/DIRECTION OF APPROPRIATE NATURE TO HOLD APPROPRIATE ENQUIRY AGAINST THE OFFICERS RESPONSIBLE FOR THE ILLEGALITY; DIRECT THE
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
- 2 -
HC-KAR NC: 2025:KHC-D:18688 WP No. 108063 of 2025
RESPONDENTS TO PAY THE COST OF THIS PETITION TO THE PETITIONER AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
This petition is filed seeking direction to the Deputy Commissioner for conversion of land use on the premise that the petitioner's application for conversion is not answered within 30 days from the date of the application. The petition is also filed to quash Annexure-A, the alleged endorsement dated 27.09.2024. 2. The petitioner claims that he filed application on 29.07.2024 seeking conversion of land use. It is the contention that on that day there was no order rejecting the petitioner’s application, however same is said to have been rejected on the same day vide Annexure-A. It is submitted that Annexure-A dated 27.09.2024 is antedated. 3. Respondents were directed to respond to the allegation. 4.
The Deputy Commissioner has issued the endorsement and the same is produced along with the memo
- 3 -
HC-KAR NC: 2025:KHC-D:18688 WP No. 108063 of 2025
dated 17.12.2024. The said endorsement would reveal that the petitioner’s application was rejected on 27.12.2024. Admittedly, the rejection is after 30 days from the date of the application. 5. Under proviso to Section 95(2) (ii) of the Karnataka Land Revenue Act, 1964, if the application for conversion of land use not is considered within 30 days, it is deemed that the land is converted for non-agricultural use. 6. From the facts which is brought to the notice of the Court, it is apparent that Annexure-A is antedated as the memo is produced stating that application is rejected on 27.12.2024. It is noticed that Annexure-A produced by the petitioner is not disputed by saying that endorsement is not generated from the official website. 7. This being the position, the Court has to take strong exception to the manner in which the Deputy Commissioner has issued the endorsement at Annexure-A. The Court initially was inclined to impose a cost of Rs.25,000/- on the Deputy Commissioner. However, same is not done by taking a lenient
- 4 -
HC-KAR NC: 2025:KHC-D:18688 WP No. 108063 of 2025
view recording a strong disapproval for the manner in which such endorsement at Annexure-A is issued. 8. For the reasons recording, impugned Annexure-A has to be quashed and accordingly quashed. 9. Hence, the following: ORDER i. The petition is allowed. ii. Impugned endorsement dated 29.07.2024 at Annexure-A passed by the respondent is quashed. iii. The respondent-Deputy Commissioner shall issue necessary conversion certificate/order after collecting if any legally payable charges relating to conversion. iv. The conversion certificate shall be issued within 30 days from the date of receipt of copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 9