- 1 - HC-KAR NC: 2025:KHC-D:8831 WP No. 104426 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104426 OF 2025 (KLR-CON) BETWEEN: IRANNA S/O. SHIVARUDRAPPA NITTALLI AGE ABOUT 32 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF SIDDNEKOPPA VILLAGE, TQ: KUKANOOR, DISTRICT: KOPPAL-583231. …PETITIONER (BY SRI. RAJASHEKHAR B.HALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, ROOD NO.540, 5TH FLOOR, GATE-2ND, M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, KOPPAL, DISTRICT: DHARWAD-583231. 3. THE ASSISTANT COMMISSIONER KOPPAL, DISTRICT: KOPPAL-583231. 4. THE TAHSILDAR KUKANOOR TALUKA KUKANOOR-DISTRICT KOPPAL-583231. …RESPONDENTS (BY SRI. M.M.KHANNUR, ADDL. GOVT. ADVOCATE) VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8831 WP No. 104426 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO 2-AFFIDAVIT BASED LAND CONVERSION TRANSACTION REPORT AFFIDAVIT ID. 746616 LAND CONVERSION ID 570591 OUTDATE 08.02.2024 PRODUCED AT ANNEXURE-C IN RESPECT AGRICULTURAL LAND BEARING SURVEY NUMBER 118/3 MEASURING 02 ACRES 00-05 GUNTES OUT OF WHICH SOUGHT THE CONVERSATION OF LAND INTO NON-AGRICULTURAL LAND FOR THE PURPOSE OF COMMERCIAL TO THE EXTENT OF 15 GUNTAS SITUATED AT SIDDNEKOPPA VILLAGE, KUKANOOR HOBBALLI, TQ: KUKANOOR DISTRICT: KOPPAL AND THIS HON’BLE COURT IS PLEASED TO ISSUE THE WRIT OF MANDAMUS OR DIRECTION TO ISSUE CHALLAN TO THE PETITIONER TO DEPOSIT THE LAND CONVERSION FEES AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard learned counsel for the petitioner and learned AGA for respondents-State. 2. Petitioner is the owner of agricultural land bearing survey No.118/3 measuring 2 acre 5 gunta situated at Siddnekoppa village, Taluka-Kukanoor, District-Koppal, he has been cultivating the same. Petitioner submitted an application/affidavit No.746616 dated 31.10.2023 along with necessary information requesting for conversion of the land from the agriculture into non-agriculture for - 3 - HC-KAR NC: 2025:KHC-D:8831 WP No. 104426 of 2025 commercial purpose to an extent of 15 gunta out of 2 acre 5 gunta. After conducting enquiry by the 4th respondent/Tahashildar, he has submitted a detailed enquiry report to the 3rd respondent/the Assistant Commissioner stating that the proposed land is in nature of agricultural against which the acquisition proceedings were initiated, but notification not yet been issued and hence same is forwarded for further action. On the said report, respondent No.2/the Deputy Commissioner had rejected the request of petitioner showing the remark as “as per the Revenue Inspector Report said proposed land was acquired for formation of National Highway under the Land Acquisition Act, but the notification not yet been issued” and also stated that as per the AD-TP were rejected for the reason that ‘there was no road to the said land’. However, the application filed by the petitioner came to be rejected on the ground of report of AD-TP. 3. Learned counsel further submits that the owner of adjoining land bearing Sy.No.117/4 measuring 1 acre 11 - 4 - HC-KAR NC: 2025:KHC-D:8831 WP No. 104426 of 2025 gunta has also filed similar application, for that respondent No.2 had issued conversion order. Hence, the petitioner is before this Court. 4. Learned counsel for the petitioner also relies upon Judgments of Co-ordinate Benches of this Court passed in WP.No.105361/2024, WP.No.106296/2024 and WP.No. 107283/2023 reported in 2024 (1) KCCR 769. 5. In Writ Petition No.100442/2022 (KLR-CON) dated 20.04.2022, this Court wherein in a similar situation a similar endorsement was given for rejecting the conversion of land from agriculture to non agriculture purpose. The said writ petition came to be allowed by quashing the said endorsement issued by the Deputy Commissioner therein. Accordingly, the present petitioner also seeks similar relief. In the above said Judgment, a coordinate Bench of this Court at paragraph No.5 has held as under : “5. The second reason regarding the non availability of an access road, it has to be stated - 5 - HC-KAR NC: 2025:KHC-D:8831 WP No. 104426 of 2025 here that this cannot be a consideration for the Deputy Commissioner to refuse permission. On permission being granted by the Deputy Commissioner, the petitioner cannot automatically start using the land for the purpose for which it is converted and the petitioner would still have to secure appropriate approvals from the planning authorities to utilize the land and those planning authorities are required to take into consideration the feasibility of the petitioner utilizing the land in a proper and effective manner.” 6. Under the circumstances and so also in view of adjoining owner of land having been granted conversion of land and the petitioner submitting that there is a common area to his land as well as the adjoining land which has been granted conversion of land, respondent No.2 ought to have granted conversion to the petitioner as well, having not done so, it clearly depicts illegality and arbitrariness of the endorsement issued by the 2nd respondent. - 6 - HC-KAR NC: 2025:KHC-D:8831 WP No. 104426 of 2025 7. Learned AGA representing the State sustains the order on the ground that there is no approach road to the land belonging to the petitioner. 8. In view of discussions made hereinabove, considering the fact that the adjoining land owner having been granted conversion of land and the coordinate bench of this Court considering the similar ground would not a good ground for the Deputy Commissioner to refuse the permission. I am in agreement with the learned counsel for the petitioner that he would also be in the similar position to be granted conversion from agriculture to non agriculture purpose. Accordingly, I pass the following : ORDER (i) Petition is allowed. (ii) The impugned order passed by the 2nd respondent affidavit based land conversion transaction report affidavit ID:746616 Land Conversion ID 570591 outdate 08.02.2024 in respect of Sy.No.118/3 of - 7 - HC-KAR NC: 2025:KHC-D:8831 WP No. 104426 of 2025 Siddnekoppa, Taluka-Kukanoor, District- Koppal is hereby quashed. (iii) Writ of mandamus is issued directing respondent No.2 to issue conversion of the land of the petitioner as non agricultural purpose. (iv) The said exercise shall be completed within a period of six weeks from the date of receipt of copy of this order. (v) Respondents are at liberty to collect required conversion fee, if already not paid. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK List No.: 1 Sl No.: 127