Karnataka High Court
Sri Ravsaheb S/O Baburao Sankeshwar vs The State Of Karnataka on 15 November, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC-D:16744
WP No. 106425 of 2024
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 15TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 106425 OF 2024 (KLR-CON)
BETWEEN:
SRI RAVSAHEB S/O. BABURAO SANKESHWAR
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O. 25/1, NEAR BASAVESHWAR TEMPLE ROAD,
NAVALIHAL, TQ: CHIKODI, DIST: BELAGAVI-591287.
...PETITIONER
(BY SRI ANIL KALE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, M.S. BUILDING,
VIDHAN SOUDHA, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER,
MALLIKARJUN
RUDRAYYA BELAGAVI-590001, DIST: BELAGAVI.
KALMATH
Location: HIGH 3. THE ASSISTANT DIRECTOR,
COURT OF
KARNATAKA TOWN AND RURAL PLANNING DEPARTMENT,
DHARWAD
BENCH NIPPANI-591237, DIST: BELAGAVI.
4. THE TAHASILDAR,
CHIKODI-591201, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI JAIRAM SIDDI, HCGP.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
1. ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING
AN ENDORSEMENT DATED 31.08.2023 ISSUED BY
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NC: 2024:KHC-D:16744
WP No. 106425 of 2024
RESPONDENT NO.2 UPLOADED ON THE WEBSITE AND
PRODUCED AT ANNEXURE-G;
2. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING
RESPONDENT NO.2 TO ALLOW THE ONLINE APPLICATION NO.
482011 DATED 24.02.2023 IN RESPECT OF THE
SY.NO.70/*/69 OF NAVALIHAL VILLAGE, TQ: CHIKODI, DIST:
BELAGAVI BY CONVERTING SAID LAND FROM AGRICULTURAL
TO RESIDENTIAL PURPOSE, IN THE INTEREST OF JUSTICE
AND EQUITY AND ETC.,.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
Heard the learned counsel for the petitioner and the
learned HCGP for the respondents.
2. This petition is filed by the petitioner claiming to
be the owner of land bearing Sy.No.70/*/69 measuring 04
guntas of Navalihal village of Chikkodi taluk in Belgavi
district. Pursuant to the registered sale deed, mutation
entries are effected in the name of the petitioner. The
petitioner's land being agricultural land, he made an online
application for conversion of the land to residential purpose.
However, the 2nd respondent rejected the conversion
application by order of 31.08.2023 on the ground that the
NC: 2024:KHC-D:16744
Government Order dated 12.11.2021 bars conversion of land
for less than 05 guntas.
3. The petitioner relies upon a judgment of a
Co-ordinate Bench of this Court in W.P.No.103002/2023,
decided on 10.11.2023, wherein similar issue was decided by
this Court. At paragraph No.4 of the judgment the Court held
as under:
"4. This Court has considered the
contentions raised at the bar. From the
notification dated 12.11.2021, it can be noticed
that the conversion of the land measuring less
than 05 guntas in certain Districts including
Belagavi District is prohibited and in respect of the
certain other districts namely Udupi, Uttara
Kannada and Dakshina Kannada the conversion of
land measuring lesser than 3 guntas is prohibited.
The Government Order itself would clearly reveal
that the record of rights which recorded the extent
less than 5 guntas and 3 guntas as referred to
above prior to the Government Order are valid
records. This being the position, this Court is of
the view that the order passed by the Deputy
Commissioner, Belagavi at Annexure-C is
unsustainable. Hence, the following:
ORDER
(I) Petition is allowed.
(II) The endorsement order dated 28.12.2022
issued by the Deputy Commissioner,
Belagavi at Annexure-C is set aside.
NC: 2024:KHC-D:16744
(III) The Deputy Commissioner, Belagavi is
directed to issue the order of conversion of
the land to the petitioner after collecting
necessary fees, if any payable in respect of
the conversion of aforementioned land."
4. In the present case on hand, the extent of land of
the petitioner is 04 guntas, which is sought for conversion to
residential purpose. In view of the judgment of the
Co-ordinate Bench of this Court, the Government Order itself
clearly reveals that it would not apply to those which are
already purchased and permitted earlier. Under the
circumstances, I pass the following:
ORDER
i) The petition is allowed.
ii) The order dated 31.08.2023 passed by
respondent No.2 is hereby quashed.
iii) A writ of mandamus is issued directing
respondent No.2 to issue the order of conversion on the
basis of the application filed by the petitioner in respect of
Sy.No.70/*/69 of Navalihal village of Chikkodi taluk in
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Belagavi district, for conversion to residential purpose, which
shall be complied within a period of four weeks from the date
of receipt of a copy of this order.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
MRK
CT-MCK
