- 1 - NC: 2025:KHC-D:4362-DB WA No. 100035 of 2025 C/W WA No. 100043 of 2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 06TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100035 OF 2025 (KLR-CON) C/W WRIT APPEAL NO.100043 OF 2025 IN W.A. NO.100035 OF 2025 BETWEEN: THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD, PIN CODE-580004. …APPELLANT (BY SRI V.S.KALASURMATH, ADDL. GOVERNMENT ADVOCATE.) AND: SMT. VIDHYA MAHESH JADAV, AGED ABOUT 47 YEARS, OCC. HOUSEHOLD WORK, R/O. 9TH CROSS, MARATHA COLONY, DHARWAD-580008. …RESPONDENT THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT-1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 03.06.2024 IN W.P. NO.101966/2024 (KLR-CON), PASSED BY THE SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4362-DB WA No. 100035 of 2025 C/W WA No. 100043 of 2025 IN W.A. NO.100043 OF 2025 BETWEEN: THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD, PIN CODE-580004. …APPELLANT (BY SRI V.S.KALASURMATH, ADDL. GOVERNMENT ADVOCATE.) AND: CHANDRASHEKAR S/O. BALAJI PATIL, AGED ABOUT 63 YEARS, OCC. BUSINESS, HIREMATH ONI, GANDHI CHOWK, DHARWAD-580001. …RESPONDENT THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT-1961, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 05.06.2024 IN W.P.NO.102116/2024 (KLR-CON), PASSED BY THE SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) In the present appeals filed under Section 4 of the High Court Act, 1961, the Deputy Commissioner, Dharwad District, calls in question the orders dated 03.06.2024 and - 3 - NC: 2025:KHC-D:4362-DB WA No. 100035 of 2025 C/W WA No. 100043 of 2025 05.06.2024, passed in W.P.No.101966/2024 and W.P.No.102116/2024, respectively, wherein the learned single Judge allowed the writ petitions, quashed the orders passed by the Deputy Commissioner and issued a writ of mandamus to the Deputy Commissioner to order for conversion of land from agricultural to non agricultural/residential purposes. 2. Heard the Additional Government Advocate Sri V.S.Kalasurmath, appearing for the appellant. 3. The primary contention urged by the Additional Government Advocate is that the present case falls within the extent of 05 guntas and the benefit of conversion cannot be granted to the lands in question. Reliance is placed by the Additional Government Advocate on the Circular dated 07.12.2021 produced along with I.A.No.5/2024, which is issued by the Commissioner of Land Records and Survey Settlement Department, Bengaluru. 4. To a specific query, the learned Additional Government Advocate admits that a Master Plan is in force in - 4 - NC: 2025:KHC-D:4362-DB WA No. 100035 of 2025 C/W WA No. 100043 of 2025 respect of the area where lands are situated and the lands in question falls within the residential zone in the said Master Plan. 5. The contention put forth by the Additional Government Advocate in the present appeals is liable to be rejected having regard to the fact that this Court has held that there is no requirement for a land owner of a land coming within the limits of a Municipal Corporation to seek conversion of the land under Section 95 of the Karnataka Land Revenue Act, 19641, from agricultural to non agricultural purposes once the land comes within the limits of Municipal Corporation. The learned single Judge at paragraph No.6 of the impugned order has noticed a judgment rendered by this Court in that regard. 6. Filing of application for conversion of land, which falls within the Master Plan area, would be in terms of second proviso to Section 95(2) of the Act of 1964. The application would be for the purpose of remitting prescribed 1 Hereinafter referred to as ‘Act of 1964’ - 5 - NC: 2025:KHC-D:4362-DB WA No. 100035 of 2025 C/W WA No. 100043 of 2025 fee, if the land for which conversion is sought is as per land use prescribed under the Master Plan. 7. The applicability of the circular dated 07.12.2021 relied upon by the learned Additional Government Advocate at the present stage of the conversion does not arise. 8. Learned Addl. Government Advocate further contended that there is an alternate remedy available to the writ petitioner. However, it is noticed that the said contention put-forth by the learned AGA was not urged before the learned Single Judge. Hence, the question of considering the said contention in the present appeal does not arise. 9. In view of the aforementioned, there is no merit in the contentions put forth in the present appeals. Hence, no useful purpose would be served in favourably considering the applications for condonation of delay. The above appeals are dismissed as being devoid of merit both on the ground of delay and merit. - 6 - NC: 2025:KHC-D:4362-DB WA No. 100035 of 2025 C/W WA No. 100043 of 2025 10. The pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 7