- 1 - NC: 2025:KHC-D:3512 WP No. 107690 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107690 OF 2024 (KLR-CON) BETWEEN: KARNATAKA LINGAYAT EDUCATION SOCIETY A SOCIETY REGISTERED UNDER SOCIETIES REGISTRATION ACT LINGARAJ COLLEGE CAMPUS BELAGAVI 590001 REPRESENTED BY ITS SECRETARY DR B G DESAI AGED ABOUT 68 YEARS OCC: SERVICE RESIDENT OF BELAGAVI 590002 …PETITIONER (BY SRI. MALLIKARJUNSWAMY B HIREMATH,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE MS BUILDING BANGALORE 01 2. THE DEPUTY COMMISSIONER OFFICE OF DEPUTY COMMISSIONER BELAGAVI 590002 …RESPONDENTS (BY SRI. M.M. KHANNUR., AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI, QUASHING THE IMPUGNED ENDORSEMENT ORDER ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 17:00:50 +0530 - 2 - NC: 2025:KHC-D:3512 WP No. 107690 of 2024 DATED 26.09.2024 ISSUED BY 2ND RESPONDENT (DEPUTY COMMISSIONER) PRODUCED AT ANNEXURE-H IN RESPECT OF APPLICATION NO.624053 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue writ of certiorari quashing the impugned endorsement order dated 26.09.2024 issued by 2nd Respondent (Deputy Commissioner) produced at Annexure-H in respect of application No.624053; ii. Issue writ of certiorari, quashing the impugned endorsement order dated 26.09.2024 issued by 2nd Respondent (Deputy Commissioner) produced at Annexure-H1 in respect of application No.624059; iii. Issue writ of certiorari, quashing the impugned endorsement order dated 26.09.2024 issued by 2nd Respondent (Deputy Commissioner) produced at Annexure-H2 in respect of application No.624048; iv. Consequently declare that petitioner’s applications at Annexure-E in respect of R.S.No.255/1 measuring 09, application at Annexure-F in respect of R.S.No.255/5/5 measuring 15 guntas and application at Annexure-G in respect of R.S.No.255/6 measuring 10 guntas all situated at Angol, Taluk and District Belagavi and deemed to - 3 - NC: 2025:KHC-D:3512 WP No. 107690 of 2024 have been granted in terms of Section 95(5) of Karnataka Land Revenue Act; v. Issue such other writ, order or direction as this Hon’ble Court deems fit in the interest of justice and equity. 2. The petitioner is stated to be involved in the field of education and is the owner of the land in RS No.255/ 5 measuring 15 guntas and RS No.255/6 measuring 10 guntas situated at Angol, Belagavi. The petitioner also purchased another extent of land in RS No.255/1 measuring 9 guntas. All these properties are shown in the master plan prepared by the Development Authority as residential having been demarcated in yellow colour. 3. The lands being agriculture in nature, the petitioner made an application for conversion from agriculture to non-agricultural for educational purposes, by way of online application vide Annexure-H, H1, H2 series. The petitioner came to know of the endorsement that the application filed by the petitioners in respect of - 4 - NC: 2025:KHC-D:3512 WP No. 107690 of 2024 the aforesaid 3 lands have been rejected, no reasons have been assigned in the said endorsement. 4. Learned AGA was called upon to secure the records and make his submission as to the reason why the applications have been rejected. 5. Learned AGA upon securing the records, today submits that the conversion has been rejected on account of the lands as regard which conversion was sought for, having no access. 6. Learned counsel for the petitioner submits that the aforesaid lands are surrounded by the lands of the petitioner and as such the land on conversion will become part of the larger complex of the petitioner, where the petitioner has already established an hospital and as such there is no need of a separate access to the said lands. 7. In terms of the amended Section 95 more particularly sub-section (2) of Section 95 when the land has been shown for a particular purpose in the - 5 - NC: 2025:KHC-D:3512 WP No. 107690 of 2024 master plan, it is required for the Deputy Commissioner to grant conversion, in consonance with the reservation made in the master plan. 8. In the present matter as can be clearly seen the lands in the aforesaid survey numbers have been demarcated for residential purposes which is coloured in yellow and therefore there was a requirement for the Deputy Commissioner to consider the same and pass necessary orders in accordance thereto. 9. In so far as, no access being available as submitted by the learned counsel for the petitioner, the lands being surrounded by the lands of the petitioner the question of a separate access would not arise. As such that reasoning is ex-facie fallacious and is as such rejected. In that view of the matter, I pass the following; ORDER i. The writ petition is allowed. - 6 - NC: 2025:KHC-D:3512 WP No. 107690 of 2024 ii. A certiorari is issued, endorsement dated 26.09.2024 issued by Respondent No.2-Deputy Commissioner at Annexure-H, endorsement dated 26.09.2024 issued by Respondent No.2- Deputy Commissioner at Annexure-H1 and endorsement dated 26.09.2024 issued by Respondent No.2-Deputy Commissioner at Annexure-H2 are quashed. iii. The respondent No.2 is directed to consider the said application in accordance with the law more particularly sub-section (2) of Section 95 and issue the necessary conversion certificate within a period 30 days from the date of receipt of a copy of this order. iv. The respondent No.1 is directed to inform all the officers coming under his jurisdiction to upload the reasons for rejection of any application made in online manner, in the online application itself. If necessary, by - 7 - NC: 2025:KHC-D:3512 WP No. 107690 of 2024 attaching the reasoned order so that any applicant would be aware of the rejection as also the reasons for rejection which could be taken up before the particular Court, if challenged. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 130