- 1 - HC-KAR NC: 2025:KHC-D:8825 WP No. 103991 of 2024 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. 103991 OF 2024 (KLR-CON) BETWEEN: SMT. SARVAMANGALA S. AGED ABOUT 54 YEARS, W/O. A. SRIKANTAMURTHY, OCC: AGRICULTURE, R/O. HOUSE NO.41, 1ST WARD, NEAR RAMALLI MASJID, AGASARA ONI, HOSAPETE, TQ: HOSAPETE, DIST: VIJAYANAGAR-583201. …PETITIONER (BY SRI. G.I.GACHCHINAMATH, ADVOCATE) AND: THE DEPUTY COMMISSIONER VIJAYANAGAR DISTRICT, HOSAPETE-583201. …RESPONDENT (BY SRI. M.M.KHANNUR, ADDL. GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED NIL BEARING NO. NIL PASSED BY THE RESPONDENT PRODUCED AS ANNEXURE-D IN RESPECT OF LAND BEARING SY.NO.215/1 MEASURING 52 CENTS SITUATED AT AMARAVATHI VILLAGE, TQ. HOSAPETE, DIST. VIJAYANAGAR AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO ACCEPT THE CONVERSION FEE IF ANY AND ISSUE THE CONVERSION ORDER IN TERMS OF SECTION 95(2) OF THE KARNATAKA LAND REVENUE ACT IN RESPECT OF THE LANDS SY.NO.215/1 MEASURING 52 CENTS SITUATED AT AMARAVATHI VILLAGE, TQ. HOSAPETE, DIST. VIJAYANAGAR AND ETC. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8825 WP No. 103991 of 2024 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. This petition is filed by the petitioner seeking to quash the order passed by the respondent vide Annexure-D. 2. The petitioner is the owner of land bearing Sy.No.215/1 measuring 52 cents situated at Amaravathi village, Tal-Hosapete, District-Vijayanagar. She has purchased the said land through a registered Sale Deed dated 30.06.2004. Due to declaration of Hosapete/Vijayanagar as a new District, the above said land has come within the city limits. The City Municipal Council also issued an endorsement as per Annexure- B stating that the above said land falls within the city limits. In the CDP also the land has been earmarked as yellow zone i.e., for residential purpose. 3. The petitioner filed an application on 14.05.2022 for conversion of her above said land from agricultural purpose to non-agricultural purpose to the respondent. The said application was rejected by the respondent without any lawful justification. - 3 - HC-KAR NC: 2025:KHC-D:8825 WP No. 103991 of 2024 4. It is the further contention of learned counsel for the petitioner that while considering the application under Section 95(i) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as ‘the Act’, for short), the Deputy Commissioner shall look into the first provisio to sub-section (i) of Section 95 of the Act and shall not refuse permission for diversion of land if the land is included in the Master Plan published under the Karnataka Town and Country Planning Act, 1961 and if the diversion sought is in accordance with the purpose of land use as specified in such plan. In the present case on hand, land has been classified as ‘yellow zone’ in the present comprehensive residential plan and has been earmarked for residential purpose and same falls within the domain of local planning area of the Hospete Urban Development Authority, for which, the master plan has been duly published under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 1963), petitioner also seeking for permission to utilize the same for residential purpose. It is relevant to extract the provisions of Section 95(i) of the Act which reads as follows: - 4 - HC-KAR NC: 2025:KHC-D:8825 WP No. 103991 of 2024 "95. Uses of Agricultural land and the procedure for use of agricultural land for other purpose.- (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). 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.” 5. In view of the above, when an application is made by the petitioner seeking conversion of her land, it becomes the duty of the Deputy Commissioner-respondent to consider the same in accordance to the provisions of Section 95 of the Act, which specifies the manner and the procedure to be adopted while considering such applications. Same has not been done in the present case so also there is no speaking or reasoned order by the respondent. The said impugned order suffers from legal infirmities, which requires interference at the hands of this Court. Therefore, for non-consideration of the provisions of - 5 - HC-KAR NC: 2025:KHC-D:8825 WP No. 103991 of 2024 Section 95(i) of the Act and for not passing a speaking order, the present petition deserves to be allowed. 6. Accordingly, I pass the following: ORDER (i) Petition is allowed. (ii) The impugned order passed by the respondent as per Annexure-D is hereby quashed. (iii) Writ of mandamus is issued directing respondent to issue conversion order in favour of the petitioner as contemplated under Section 95(i) of the Karnataka Land Revenue Act in respect of Sy.No.215/1 measuring 52 cents situated at Amaravathi village, Taluka Hosapete, District-Vijayanagar within four weeks from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK List No.: 1 Sl No.: 8