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2026 DAILYLAW 26108 (KAR)

HM CLAUSE INDIA PRIVATE LIMITED v. STATE OF KARNATAKA

WP/19793/2026 · 2026-07-02

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32969 WP No. 19793 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 19793 OF 2026 (KLR-RES) BETWEEN: HM CLAUSE INDIA PRIVATE LIMITED (EARLIER KNOWN AS CENTURY SEEDS PRIVATE LIMITED) HAVING ITS REGISTERED OFFICE AT, D.NO.6-98/4, SY.NO.563, GOWDAVELLI, MEDCHAL MANDAL, MALKAJGIRI, TELANGANA - 501401 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, MRS. MEENAKSHI T. R. REGISTERED UNDER THE COMPANIES ACT, 2014 …PETITIONER (BY SRI. N. S.SRIRAJ GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU 560001 KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER ONNAKE OBBAVA CIRCLE, HIRIYUR TALUK, CHITRADURGA - 577598 KARNATAKA Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32969 WP No. 19793 of 2026 3. THE TAHSILDAR BESIDE SBI BANK HIRIYUR TALUK CHITRADURGA - 577598 KARNATAKA …RESPONDENTS (BY SMT.B.P.RADHA, AGA) THIS WP IS FILED UNDER ARTILES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO (1) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT AS THIS HONBLE COURT MAY DEEM FIT, BY QUASHING THE NOTICE DATED 10.06.2026, PASSED BY RESPONDENT NO.3 BEARING NO.A.L.N.C.R.01/ 2026-27. BY (ANNEXURE C), WHEREIN ACTION HAS BEEN INITIATED BY RESPONDENT NO.3, FOR ALLEGED NON- APPLYING FOR CONVERSION OF LAND FROM AGRICULTURAL TO NON-AGRICULTURAL PURPOSES AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Smt.B.P.Radha, learned Additional Government Advocate accepts notice on behalf of respondents. 2. Petitioner is assailing the impugned notice dated 10.06.2026 (Annexure-C) passed by respondent No.3, interalia sought for direction to respondents No.2 and 3 to consider representations at Annexures- E, F and G respectively. 3. It is argued by the learned counsel appearing for the petitioner that the petitioner has not made any application to the competent authority seeking conversion of the land in - 3 - HC-KAR NC: 2026:KHC:32969 WP No. 19793 of 2026 question and agricultural activities is being made in the land in question and accordingly submitted that the impugned notice at Annexure-C requires to be set-aside. 4. Learned counsel appearing for the petitioner by referring to Section 96(2) of the Karnataka Land Revenue Act, 1964 (for short 'Act, 1964') submitted that Deputy Commissioner is the competent authority to issue the notice in contravention to Section 96(2) of the Act, 1964 who is respondent No.2 herein and therefore respondent No.3 has no jurisdiction to issue the notice at Annexure-C. Accordingly, sought for interference of this Court. 5. Learned Additional Government Advocate justifies the impugned notice and sought to dismissal of the petition. 6. In the light of the submissions made by the learned counsel for the parties and on careful consideration of the provisions contained under Section 96(2) of the Act, 1964 which empowers respondent No.2 to take action against such a person who has contravened the provisions, wherein the land is being utilized for non-agricultural purpose, without there being an order of the conversion made under Section 96 of the Act, - 4 - HC-KAR NC: 2026:KHC:32969 WP No. 19793 of 2026 1964. It is also argued by the learned counsel for the petitioner that the petitioner is not utilizing the land in question for non- agricultural purpose. 7. In this regard, I am of the view that respondent No.3 has no jurisdiction to issue the notice at Annexure-C under Section 96(2) of the Act, 1964. Accordingly, impugned notice at Annexure-C dated 10.06.2026 requires to be set-aside 8. Accordingly, the impugned notice at Annexure-C is hereby quashed. 9. In so far as the representations made at Annexures- E, F and G are concerned, taking into consideration the averments made thereunder, respondents No.2 and 3 are directed to consider the representations at Annexures-E, F and G respectively, within a period of 3 months from the date of receipt of certified copy of this order. 10. Accordingly, the Writ Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE GVP List No.: 1 Sl No.: 34