Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 13139 (KAR)

SRI.SATABA MOLOJI SURYAVANSHI v. THE STATE OF KARNATAKA

WP/4957/2026 · 2026-03-18

C M Poonacha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:16040-DB WP No. 4957 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 4957 OF 2026 (GM-MM_S) BETWEEN: 1. SRI.SATABA MOLOJI SURYAVANSHI AGED ABOUT 58 YEARS, S/O MALOJI SURYAVANSHI R/A19, KALMESHWAR GALLI, BADAS (INAM), BELAVATTI, HUKKERI, BELAGAVI DISTRICT - 591108 2. SRI. MARUTHI MALOJI SURYAVANSHI AGED ABOUT 63 YEARS, S/O MALOJI SURYAVANSHI, R/A19/A, KALMESHWAR GALLI, BADAS (INAM), BELAVATTI, HUKKERI, BELAGAVI DISTRICT - 591108 3. SMT.JANAKU RAJARAM SURYAVANSHI, W/O RAJARAM SURYAVANSHI, AGED ABOUT 63 YEARS, R/A 81, KALMESHWAR GALLI, BADAS (INAM), BELAVATTI, HUKKERI, BELAGAVI DISTRICT - 591108 REPRESENTED BY POWER OF ATTORNEY HOLDER Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16040-DB WP No. 4957 of 2026 SWARNA ADITYA GOLD REFINERY AND RESOURCE PVT. LTD., REPRESENTATIVE DIRECTOR HARISHREE MEHTA AT 1ST FLOOR, FLAT NO. F2, PLOT NO. 141, A1-TAQWA RESIDENCE. CTS NO. 4857/91 SADASHIV NAGAR, BELGAVI-590 019 …PETITIONERS (BY SRI. RAGHAVENDRA G GAYATRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDINGS, BANGALORE-560001 2. THE DEPUTY COMMISSIONER, BELGAVI DISTRICT, BELGAVI -590 001 3. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, BAUXITE ROAD, KUMARASWAMY LAYOUT, BELAGAVI-590001 …RESPONDENTS (BY SRI. K.S. HARISH, GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENT TO CONSIDER THE APPLICATION DATED 15.09.2025 (VIDE ANNEXURE-J) AND COMMUNICATE THE FINE AMOUNT PAYABLE FOR CONVERSION IN ACCORDANCE - 3 - HC-KAR NC: 2026:KHC:16040-DB WP No. 4957 of 2026 WITH RULE 107 OF THE KARNATAKA LAND REVENUE RULES, 1966 TO THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice. 2. Petitioners have field the present petition inter alia praying as under: "a. Issue writ of Mandamus or any other writ directing the respondent to consider the application dated 15.09.2025 (vide Annexure-J) and communicate the fine amount payable for conversion in accordance with Rule 107 of the Karnataka land Revenue Rules, 1966 to the petitioner. b. Issue a Writ of Mandamus or any other order or any other writ or direction directing the Respondent No.2 to consider the application dated 01.09.2025 (Vide Annexure-H) and to pass an order of deemed conversion in terms of the - 4 - HC-KAR NC: 2026:KHC:16040-DB WP No. 4957 of 2026 provision encarved under sub-section (9) of Section 95 of the Karnataka land Revenue Act, 1964 c. Grant such other order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity." 3. The petitioners claim that they are the absolute owners of land falling in Sy. No.157 of Badasinam Village, Belagavi District. The petitioners to extract Laterite and carry out other allied activities on the said land to the extent of 11 acres (total area of 13 acres and 33 guntas) [subject land], executed a power of attorney in favour of Swarna Aditya Gold Refinery and Resources Pvt. Ltd., and also authorised the said entity to represent the petitioners and seek all legal opinions. 4. Pursuant to the same, the said entity (Swarna Aditya Gold Refinery and Resources Pvt. Ltd.,) furnished an application dated 22.12.2021 to declare the area of 11 acres of subject land as falling in the safer zone. It is stated that respondent No.3 (Deputy Director) also sent communication to the Forest as well as the revenue authorities seeking report regarding the land in question. - 5 - HC-KAR NC: 2026:KHC:16040-DB WP No. 4957 of 2026 On 01.09.2025, the petitioners have filed an application seeking deemed conversion of the land to the extent of 11 acres. Subsequently, the petitioners have also sought information as to the amount payable under Section 107 of the Karnataka Land Revenue Rules, 1966. The petitioners claim that the said request has not elicited any response yet. 5. Learned Additional Government Advocate states that the request made by the petitioners would be considered in accordance with law within a period of eight weeks from date. Respondents are bound down to the said statement . 6. The petition is disposed of with the aforesaid terms. SD/- (VIBHU BAKHRU) CHIEF JUSTICE SD/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 2