-1-

NC: 2023:KHC:33702-DB
WP No. 19999 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF SEPTEMBER, 2023

PRESENT

THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

AND

THE HON'BLE MR JUSTICE KRISHNA S DIXIT

WRIT PETITION NO. 19999 OF 2023 (GM-MM_S)

BETWEEN:

SRI. ANAND,
S/O. CHANDRASHEKAR KONNUR,
AGED ABOUT 50 YEARS,
RESIDING AT NO. 210/3B/2,
ANANDA NILAYA, LAKSHMI BADAVANE,
GOKAK, TALUK GOKAK,
DISTRICT BELAGAVI-591 307.
…PETITIONER
(BY SRI. SHIVALLI SHIVAYOGI YALLAPPAGOUDA.,ADVOCATE)

AND:
Digitally signed
by SHARADA 1. THE STATE OF KARNATAKA
VANI B REPRESENTED BY ITS SECRETARY,
Location: HIGH DEPARTMENT OF REVENUE,
COURT OF
KARNATAKA VIKASA SOUDHA, BENGALURU,
BENGALURU-560 001.

2. THE DEPUTY COMMISSIONER,

BELAGAVI DISTRICT, BELAGAVI-590 001.

3. THE DEPUTY DIRECTOR

DEPARTMENT OF MINES AND GEOLOGY,
BAUXITE ROAD, KUMARASWAMY LAYOUT,
BELAGAVI-590 001.
…RESPONDENTS
(BY SRI.S S MAHENDRA.,PRINCIPAL GOVERNMNET ADVOCATE)
 -2-
NC: 2023:KHC:33702-DB
WP No. 19999 of 2023

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR
DIRECTION, DIRECTING THE RESPONDENT No-2 TO CONSIDER
THE APPLICATION DATED 19.07.2023 FILED BY THE
PETITIONER FOR SEEKING DEEMED CONVERSION ORDER IN
RESPECT OF THE LAND BEARING SY. No-629/A35 MEASURING
6 ACRES 8 GUNTAS SITUATED AT MAMADAPURA VILLAGE,
GOKAK TALUK, BELAGAVI DISTRICT UNDER SECTION 95(9) OF
KLR ACT (ANNEXURE-F) FROM AGRICULTURAL TO NON
AGRICULTURAL PURPOSE i.e., FOR CARRYING ON QUARRYING
ACTIVITIES AND FURTHER DIRECT THE REVENUE
AUTHORITIES TO COLLECT THE NECESSARY CONVERSION
FINE/ CHARGES AS PER KARNATAKA LAND REVENUE RULES IN
THE ENDS OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR PRELIMINARY HEARING,

THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

ORDER

1. Sri S.S.Mahendra, the learned Additional Government

Advocate accepts notice for the respondents.

2. Heard the learned counsel for the petitioner.

3. By way of the present petition under Articles 226 and

227 of the Constitution of India, the petitioners have

prayed for the following relief:

“Issue a writ of mandamus or any other writ or

direction, directing the respondent No.2 to
consider the Application dated 19.07.2023 filed
by the petitioner for seeking Deemed Conversion
 -3-
NC: 2023:KHC:33702-DB
WP No. 19999 of 2023

Order in respect of the land bearing

Sy.No.629/A35 measuring 06 Acres 08 guntas
situated at Mamadapura Village, Gokak Taluk,
Belagavi District under Section 95(9) of KLR Act
(Annexure-F) from agricultural to non
agricultural purpose i.e., for carrying on
Quarrying Activities and further direct the
Revenue Authorities to collect the necessary
Conversion Fine/Charges as per Karnataka Land
Revenue Rules in the ends of justice and equity.”

4. The grievance of the petitioner is that in spite of an

application being submitted by him on 19.07.2023 vide

Annexure-F seeking Deemed Conversion Order in respect

of the land bearing Sy.No.629/A35 measuring 06 Acres 08

guntas situated at Mamadapura Village, Gokak Taluk,

Belagavi District under Section 95(9) of the Karnataka

Land Revenue Act, 1964 (for short, ‘the Act’), the

concerned Authority has been insisting to apply through

online to obtain Deemed Conversion order and if not, the

quarrying licence will not be issued. Hence, the petitioner

has approached this Court seeking for the aforesaid

direction.
 -4-
NC: 2023:KHC:33702-DB
WP No. 19999 of 2023

5. Both the learned counsel for the parties submit that

the issue involved in this petition is squarely covered by

the decision of this Court in Writ Petition No.11267/2022

dated 16.06.2022 and this petition may be disposed of in

terms of the order passed in the said writ petition.

6. We have perused the order passed in the aforesaid

writ petition. We are of the opinion that the issue involved

in the present writ petition is squarely covered by the

order of this Court in the aforesaid writ petition. We concur

with the order passed by this Court in the aforesaid writ

petition.

7. In view of the above, we pass the following:-

ORDER

a) The writ petition is allowed.

b) The petitioner shall submit all required

documents for consideration of the said application

dated 19.07.2023 vide Annexure-F within a period

 -5-
NC: 2023:KHC:33702-DB
WP No. 19999 of 2023

of one week from the date of receipt of a copy of

the order.

c) Respondent No.2-Deputy Commissioner is

directed to consider the application dated

19.07.2023 vide Annexure-F along with the

documents, if not already decided and shall

communicate the conversion fine amount payable

for conversion in accordance with Rule 107 of the

Karnataka Land Revenue Rules, 1966 to the

petitioners within a period of three weeks from the

date of receipt of the documents.

d) An order of deemed conversion shall be

passed by respondent No.2 in terms of sub-section

(9) of Section 95 of the Act within a period of two

weeks thereafter.

e) We make it clear that if deemed conversion is

granted, the petitioner would be entitled to use the

said land for non-agricultural purpose of quarrying

 -6-
NC: 2023:KHC:33702-DB
WP No. 19999 of 2023

activities only upon obtaining necessary licence, if

not already obtained and to adhere to the relevant

Acts and Rules relating to quarrying activities.

Sd/-
CHIEF JUSTICE

Sd/-
JUDGE

Snb/
List No.: 1 Sl No.: 26