- 1 - HC-KAR NC: 2025:KHC:26942 WP No. 4491 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 4491 OF 2025 (KLR-RES) BETWEEN: SHREE KAVERAMME KODAVA HITHARAKSHANA CHARITABLE TRUST, A TRUST REGISTERED UNDER THE INDIAN TRUST ACT, COFFEE KRUPA BUILDING, RAJA SEAT ROAD, MADIKERI, KODAGU-571201, REPRESENTED BY ITS PRESIDENT SRI. M.B DEVAIAH. …PETITIONER (BY SRI. SUBRAMANI M A., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, KODAGU DISTRICT, BEHIND FORT, MADIKERI, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26942 WP No. 4491 of 2025 KODAGU-571201. 3. THE ASSISTANT COMMISSIONER, MADIKERI SUB-DIVISION, KODAGU DISTRICT, BEHIND FORT, MADIKERI, KODAGU-571201. 4. THE TAHSILDAR, MADIKERI TALUK, BEHIND FORT, MADIKERI, KODAGU-571201. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT TO ISSUE CONVERSION ORDER FOR NON-AGRICULTURAL COMMERCIAL PURPOSE IN RESPECT OF THE LAND BEARING SY.NO.45/1, MEASURING 46 CENTS, SITUATED AT BHAGAMANDALA VILLAGE, BHAGAMANDALA HOBLI, MADIKERI TALUK, AS PER THE APPLICATION SUBMITTED BY THE PETITIONER DATED 02/02/2023 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:26942 WP No. 4491 of 2025 ORAL ORDER In this writ petition, the petitioner has sought for writ of mandamus to respondent No.2 to pass conversion order for non - agricultural commercial purpose in respect of the land bearing Sy.No.45/1, measuring 46 cents, situated at Bhagamandala village, Bhagamandala Hobli, Madikeri Taluk, as per the application dated 02.02.2023 (Annexure - C). 2. Heard Sri. Subramani M.A., learned counsel appearing for the petitioner and Sri.Siddharth Baburao, learned Additional Government Advocate for the respondent-authorities. 3. Sri. Subramani M.A., learned counsel appearing for the petitioner invited the attention of the Court to the application filed by the petitioner herein, dated 02.02.2023 (Annexure - C) as the petitioner is seeking conversion of the land for commercial purposes and further submitted that the said application made by the petitioner has been processed, however, same has not reached logical end. - 4 - HC-KAR NC: 2025:KHC:26942 WP No. 4491 of 2025 Therefore, he invited the attention of the Court to Section 95 clause (2) (ii) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act' for short) and submitted that, the application filed by the petitioner has not reached the logical end and as such the deemed conversion has to be made and therefore direction be issued to respondent No.2 to raise the betterment charges that may be payable by the petitioner. Accordingly, sought for interference of this Court. 4. Per contra, Sri.Siddharth Baburao, learned Additional Government Advocate appearing for the respondents submitted that, it seems that the writ of mandamus sought in this writ petition. Accordingly, the respondents have to take decision in the matter. 5. In light of the submissions made by the learned counsel appearing for the parties and careful examination of Annexure - C - application made by the petitioner is on 02.02.2023. It is also forthcoming from Annexures - D to F, that the application made by the petitioner herein has - 5 - HC-KAR NC: 2025:KHC:26942 WP No. 4491 of 2025 been processed by respondent No.2 however, in order to that effect, the final order is yet to be made by respondent No.2 for conversion of the land in question. 6. In that view of the matter, taking into consideration the language employed under Section 95 (2) (ii) of the Act and declaration of law made by this Court in W.P.No.100422/2025, dated 23.01.2025, paragraph Nos.8 and 9 reads as under: "8. The first proviso to clause (ii) of Subsection (2) of Section 95 provides that if the opinion is not furnished within the period of 15 days, it shall be deemed that the concerned Authorities have no objection to the said diversion as per the application. The second proviso to clause (ii) of Subsection 2 of Section 95 provides that in the event of the Deputy Commissioner fails to give a decision and or does not issue the order within 30 days from the date of receipt of the application, then the approval of diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall be certified and issued in such manner as we have prescribed subject to payment of fees under Subsection 7 of section 95, 9. Thus, the proviso to clause (ii) of Subsection (2) of Section 95 brings about two deeming fictions, one as - 6 - HC-KAR NC: 2025:KHC:26942 WP No. 4491 of 2025 regards the opinion which is deemed to have been granted within 15 days of the application filed, if not so issued unless opined otherwise. The second proviso deems that the permission for diversion of land for non- agricultural purposes is deemed to have been granted within 30 days after the expiry of 30 days from the date of the application unless rejected and the only requirement being is for the applicant to make payment of the necessary fees subject to the application being in compliance with the applicable law." 7. In that view of the matter, since the respondent No.2 has not taken any decision in the matter, despite the application having been made on 02.02.2023 as per Annexure - C. The conversion has to be made as a deemed conversion. 8. Hence, I pass the following: ORDER i. The writ petition is allowed. ii. A writ of mandamus is issued to respondent No.2 to issue a certificate of conversion of land bearing Sy.No.45/1, measuring 46 cents, situated at Bhagamandala village, - 7 - HC-KAR NC: 2025:KHC:26942 WP No. 4491 of 2025 Bhagamandala Hobli, Madikeri Taluk, within a period of three weeks from the receipt of this order, on receipt of the fee payable for such conversion. iii. Respondent No.3 is directed to communicate the amount required to be payable by the petitioner within a period of one week from the receipt, issued by the respondent No.2 and thereafter, certificate to be issued as stated above. iv. The grant of the certificate shall be subject to the compliances and adherences, if any, required to be made by the petitioner in terms of the relevant law. SD/- (E.S.INDIRESH) JUDGE BKN/List No.: 1 Sl No.: 57