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2026 DAILYLAW 14860 (KAR)

ZENATARIS RENEWABLE ENERTY PRIVATE LIMITED v. THE STATE OF KARNATAKA

WP/106499/2025 · 2026-02-06

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1765 WP No. 106499 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 106499 OF 2025 (KLR-CON) BETWEEN: ZENATARIS RENEWABLE ENERGY PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE: PLOT 327, ROAD NUMBER 25, VENKATAGIRI, JUBILEE HILLS, HYDERABAD, TELANGANA-500033, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. MANOJ KUMAR. …PETITIONER (BY SRI. GURUDAS KANNUR, SENIOR COUNSEL FOR SRI. ABHINAY. S. & SRI. GURURAJ MAMDY, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560001, REPRESENTED BY PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, TB DAM ROAD, TSPL BUILDING, HOSAPETE, VIJAYANAGARA-583201. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.13 12:02:04 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1765 WP No. 106499 of 2025 3. THE TAHSILDAR, TAHSILDAR OFFICE, MINI VIDHANA SOUDHA, KUDLIGI, VIJAYANAGARA, KARNATAKA-583135. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION, MORE IN THE NATURE OF WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION, OR ORDER QUASHING/SETTING ASIDE THE REJECTION ORDERS PASSED BY THE RESPONDENT NO.2 (DEPUTY COMMISSIONER) DATED 10.05.2025 AND 12.05.2025 AS ARBITRARY, ILLEGAL, UNCONSTITUTIONAL, UNTENABLE, ULTRA VIRES TO THE SETTLED PROVISIONS OF LAW AND CONSEQUENTLY BE SET ASIDE OR QUASH THE SAME INCLUDING ALL PROCEEDINGS/ACTIONS INITIATED IN RELATION THERETO, (VIDE ANNEXURES-G TO G50 AND ETC. THIS WRIT PETITION COMING ON FOR ORDER THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:1765 WP No. 106499 of 2025 ORAL ORDER The petitioner has approached this Court seeking to quash the endorsement/notices issued by the respondents in relation to the conversion of the subject lands and for a consequential direction to consider and grant conversion under Section 95 (10) of the Karnataka Land Revenue Act, 1964 (‘Act’ for short), in respect of the lands proposed to be utilized for the approved renewable energy project. 2. Though the matter was listed for consideration of the interlocutory applications, seeking vacation of the interim order, with consent of the learned counsel appearing for both the parties, the writ petition is taken up for final disposal, as the issues involved are narrow. Brief facts: 3. The petitioner is engaged in the establishment of renewable energy project and has acquired the subject land for the said purpose. In pursuance of the approved project, the petitioner submitted application seeking conversion of - 4 - HC-KAR NC: 2026:KHC-D:1765 WP No. 106499 of 2025 the lands under Section 95(10) of the Act, contending that the proposed use squarely falls within the scope of said provision. Despite submission of the application and compliance with all requirements, the competent authority did not conclude the proceedings within stipulated time. On the contrary, the petitioner was issued with the endorsement/notices, which compelled the petitioner to approach this Court by filing the present writ petition seeking appropriate reliefs. 4. Learned Senior Counsel Sri Gurudas Kannur, for the petitioner submits that the subsequent developments have substantially addressed the grievance of the petitioner. It is submitted that by way of statement of objections to the vacating application, the petitioner has produced Annexure-P6, which evidences that the Deputy Commissioner has directed the concerned authority to intimate the petitioner regarding the conversion fee payable under Section 95(10) of the Act and to call upon the petitioner to remit the same within three days. - 5 - HC-KAR NC: 2026:KHC-D:1765 WP No. 106499 of 2025 5. It is contended that issuance of Annexure-P6 clearly demonstrates that the conversion sought by the petitioner is accepted in principle and that what remains is only the ministerial act of payment of the requisite amount by the petitioner and consequential action by the authorities. 6. Learned AGA for the respondent-State does not dispute the issuance of Annexure-P6. It is submitted that in view of the said communication, the authorities have proceeded to act in accordance with law and that upon payment of the conversion fee by the petitioner, further steps would be taken. 7. This Court has carefully considered the rival submissions and perused the material on record. 8. The dispute in present writ petition essentially revolves to non-consideration and delay in processing the petitioner's application for conversion under Section 95 (10) of the Act. The subsequent development, as reflected in - 6 - HC-KAR NC: 2026:KHC-D:1765 WP No. 106499 of 2025 Annexure-P6, makes it abundantly clear that the competent authority has accepted the petitioner's request for conversion and has only directed intimation of the conversion fee payable, calling upon the petitioner to remit the same. 9. In view of the matter, this Court is of the considered opinion that the substantial grievance of the petitioner no longer survives. The conversion sought stands accepted in terms of Section 95 (10) of the Act and what remains is only compliance with the statutory requirement of payment of the prescribed fee. The writ petition, therefore, does not warrant further adjudication on merits and deserves to be disposed of by issuing appropriate orders. Accordingly, the writ petition is disposed of by quashing the impugned order passed at Annexure-K with the following directions: i. The competent authority is directed to determine the amount of conversion fee payable by the - 7 - HC-KAR NC: 2026:KHC-D:1765 WP No. 106499 of 2025 petitioner, in accordance with Section 95 (10) of the Karnataka Land Revenue Act, 1964, and communicate the same to the petitioner within a period of two weeks from the date of receipt of the copy of this order. ii. Upon such intimation, the petitioner shall remit the said amount within time stipulated by the authority. iii. On receipt of the conversion fee, the respondent shall give effect to the conversion and carry out all consequential actions strictly in accordance with law, without raising any further objections on grounds already concluded. Pending applications, if any, would not survive for consideration. Sd/- JUSTICE K.S.HEMALEKHA AT CT-vh/ LIST NO.: 1 SL NO.: 25