- 1 - HC-KAR NC: 2026:KHC:703 WP No. 35143 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 35143 OF 2025 (KLR-RES) BETWEEN: SRI. DAYANAND B S/O LATE BHEEMAIAH, AGED ABOUT 46 YEARS, R/AT BELAGUMBA, MARUTHI NILAYA, URDUGERE MAIN ROAD, TUMAKURU TALUK. TUMAKURU DISTRICT - 573 103. …PETITIONER (BY SRI. P.N. NANJA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. 2. TUMKUR URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, BELAGUMBA ROAD, TUMAKURU - 573 103. 3. THE DEPUTY COMMISSIONER, TUMKURU DISTRICT, TUMAKURU - 573 102. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1; SRI. VIVEKANANDA T.P, ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:703 WP No. 35143 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER QUASHING THE ENDORSEMENT ORDER BEARING NO. NIL DATED 28.10.2025 (ANNEXURE-F) AND THE ENDORSEMENT ORDER BEARING NO. NIL DATED 28.10.2025 (ANNEXURE-G) ISSUED BY THE 3RD RESPONDENT AS THE SAME ARE ILLEGAL, ARBITRARY AND CONTRARY TO THE PROVISIONS OF THE KARNATAKA LAND REVENUE ACT AND THE RULES MADE THEREUNDER AND ALSO IN VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE AND CONTRARY TO THE PROVISIONS OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITIES ACT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent Nos.1 and 3. Learned counsel Sri.T.P.Vivekananda, has entered appearance for respondent No.2. 2. Learned counsel for the petitioner submits that the application for conversion filed by the petitioner has been rejected by respondent No.3-Deputy Commissioner, Tumkur - 3 - HC-KAR NC: 2026:KHC:703 WP No. 35143 of 2025 District, on the ground that there is an objection raised by respondent No.2-Tumkur Urban Development Authority, that preliminary notification has been issued in the year 2011 in respect of the lands in question along with several other lands in the vicinity. Learned counsel submits that the preliminary notification issued on 07.07.2011 was questioned in writ petition No.40612/2016 and this Court by Order dated 24.08.2022 has quashed the preliminary notification, on the ground that no steps have been taken for issuance of final notification, although the preliminary notification was issued in the year 2011. In that view of the matter, learned counsel submits that the impugned order passed by respondent No.3- Deputy Commissioner is required to be set aside while directing the Deputy Commissioner to reconsider the application filed by the petitioner. 3. Learned counsel for respondent No.2 submits that although it is true that in W.P.No.40612/2016, the preliminary notification dated 07.07.2011 was quashed at the hands of this Court, nevertheless, the notification was quashed insofar as the lands belonging to the petitioners therein are concerned and - 4 - HC-KAR NC: 2026:KHC:703 WP No. 35143 of 2025 therefore, the same cannot be pressed into service by the petitioner. Even otherwise, it is submitted that there is a proposal to go ahead with the issuance of final notification and therefore, if the order of conversion is passed in favour of the petitioner it may cause difficulties for the authority. 4. Having heard the learned counsel for the petitioner and learned counsel for respondent No.2, this Court is of the considered opinion that the rejection of the application on the ground that a preliminary notification has been issued in the year 2011 and therefore, the lands cannot be converted, cannot be countenanced. Nevertheless, it is also made clear that merely because an order of conversion is passed by the Deputy Commissioner, it will not preclude respondent No.2- Authority or the State Government to proceed to acquire the lands. 5. Accordingly, the writ petition is allowed. The impugned endorsement and order issued by respondent No.3- Deputy Commissioner at Annexures-F and G are hereby quashed and set aside. The matter stands remitted back to respondent No.3-Deputy Commissioner to reconsider the - 5 - HC-KAR NC: 2026:KHC:703 WP No. 35143 of 2025 application filed by the petitioner on merits and not to be rejected on the ground that preliminary notification was issued in the year 2011 or that objections have been raised by respondent No.2-Authrotiy. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 1