- 1 - HC-KAR NC: 2025:KHC-D:11760-DB CCC No.100281 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL CIVIL CONTEMPT PETITION NO.100281 OF 2025 BETWEEN: SHRI. K. SHIVAKRISHNA S/O. K. SHIVANAGESHWAR RAO AGE. 40 YEARS, OCC. BUSINESS, R/O. H. NO.279, WARD NO.8, ANDRAI ROAD, MANGAMMA CAMP, HANUMAN NAGAR, MUNDARAGI-583275, TQ. AND DIST. BALLARI. …COMPLAINANT (BY SRI. ADIT CHANDANGOUDAR, ADVOCATE) AND: 1. PRASHANT KUMAR MISHRA DEPUTY COMMISSIONER, BALLARI, TQ. AND DIST. BALLARI-583101. 2. REKHA, TAHASILDAR, BALLARI, TQ. AND DIST. BALLARI-583101. 3. PRAMOD P. ASSISTANT COMMISSIONER, BALLARI, TQ. AND DIST. BALLARI-583101. …ACCUSED 4. THE STATE OF KARNATAKA, R/BY AGA, HIGH COURT OF KARNATAKA, DHARWAD-011. ..PROFORMA RESPONDENT (BY SRI. KESHAV REDDY, AAG FOR SRI. PRAVEEN K. UPPAR, HCGP) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO AWARD PUNISHMENT FOR CONTEMPT OF COURT TO THE ACCUSED NO.1 CONTEMNORS FOR WILLFUL DIS-OBEDIENCE AND BREACH OF DIRECTION/ORDER PASSED BY THIS HON’BLE COURT IN WRIT PETITION NO.107526/2024 (KLR-CON) DATED 13.12.2024 PRODUCED AT ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11760-DB CCC No.100281 of 2025 THIS CCC COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present petition has been filed alleging disobedience of the direction passed in WP No.107526/2024. The operative portion of the said order reads as follows; “i) This petition is allowed. ii) The impugned endorsement passed by respondent No.2 dated 23.07.2024 vide Annexure-P rejecting the application filed by the petitioner dated 18.06.2024 is hereby quashed. iii) A writ of mandamus is issued directing respondent No.2 to issue conversion order in respect of the land of the petitioner in Sy. No.597/14, measuring 01 acre, situated at Ballari, tq: & dist: Ballari. iv) This exercise shall be completed by the respondent No.2 within a period of six weeks from the date of receipt of a copy of this order.” 2. It is the case of the complainant that no conversion order in respect of the land of the petitioner in Sy. No.597/14 - 3 - HC-KAR NC: 2025:KHC-D:11760-DB CCC No.100281 of 2025 measuring 01 acre has been issued and despite the order of the learned Single Judge, the endorsement is issued by the Deputy Commissioner and in terms of the said endorsement, it is stated that the Deputy Commissioner is not required to pass any orders but the procedure as stipulated under Section 95(2)(i) of the Karnataka Land Revenue Act, 1964 including proviso would require that the complainant approaches the Town Planning Authority and pays the prescribed fee. 3. Learned Additional Advocate General appearing for the State submits that the endorsement will have to be understood in the context of Section 95(2)(i) proviso. Section 95(2)(i) of the Karnataka Land Revenue Act, 1964 reads as follows; “95(2)(i). The permission of the Deputy Commissioner shall not be required for diversion of lands for non-agricultural purposes, if such lands assessed or held for the purpose of agriculture, is as per the land use as specified in the Master Plan duly published, for the concerned land under the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963): - 4 - HC-KAR NC: 2025:KHC-D:11760-DB CCC No.100281 of 2025 Provided that, the prescribed fee under sub- section (7) shall be paid to the concerned Town Planning Authority at the time of obtaining requisite permissions from the Authority along with self declaration as may be prescribed.” 4. In light of the stand of the learned Additional Advocate General, the proceedings are dropped while making it clear that the complainant is at liberty in terms of the stand of the State to approach the Planning Authority to act in terms of the statutory mandate. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE PJ, CT:VP LIST NO.: 1 SL NO.: 20