Karnataka High Court
Sri Gurusiddappa Bhimappa Gunjigavi vs The State Of Karnataka on 7 February, 2025
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NC: 2025:KHC:5669-DB
WP No. 1366 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 1366 OF 2025 (GM-MM_S)
BETWEEN:
1. SRI GURUSIDDAPPA BHIMAPPA GUNJIGAVI
S/O BHIMAPPA GUNJIGAVI
AGED ABOUT 75 YEARS
R/AT GUNDEWADI
ATHANI TALUK
BELAGAVI DISTRICT
BELGAVI - 591 304.
Digitally 2. RAVI G. GUNJIGAVI
signed by H
K HEMA S/O GURUSIDDAPPA GUNJIGAVI
Location: AGED ABOUT 40 YEARS
High Court
of Karnataka R/AT GUNDEWADI, ATHANI TALUK
BELAGAVI DISTRICT
BELGAVI-591 304.
...PETITIONERS
(BY SRI SHREEDHAR G. BIDRE, ADVOCATE FOR
SRI RAGHAVENDRA G. GAYATHRI, ADVOCATE)
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WP No. 1366 of 2025
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
M.S. BUILDINGS
BANGALORE-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 SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT
DIRECTING THE RESPONDENT TO CONSIDER THE
APPLICATION DATED 03.12.2024 (VIDE ANNEXURE-H) AND
COMMUNICATE THE FINE AMOUNT PAYABLE FOR
CONVERSION IN ACCORDANCE WITH RULE 107 OF THE
KARNATAKA LAND REVENUE RULES, 1966 TO THE
PETITIONER, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
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WP No. 1366 of 2025
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. Shreedhar G. Bidre for learned
advocate Mr. Raghavendra G. Gayathri for the petitioners and
learned Additional Government Advocate Smt. Niloufer Akbar for
the respondents who appears to assist the Court upon service of
copy of the petition in advance.
2. What is prayed in the petition is to direct respondent No.2 to
consider the application dated 03.12.2024 of the petitioners and to
communicate the amount of fine payable for conversion of land into
non-agricultural purpose in accordance with Rule 107 of the
Karnataka Land Revenue Rules, 1966. It is further prayed to
consider the application dated 15.08.2024 wherein the petitioners
have sought for deemed conversion in terms of the provisions of
sub-section (9) of Section 95 of the Karnataka Land Revenue Act,
1964.
3. As per the case of the petitioners, they are the absolute
owners of the land bearing Sy.No.252/1 situated at Balligeri Village,
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Athani Taluka, Belgavi District, admeasuring 19 Acres and 8
Guntas. In part of the said land, the petitioners have established
stone crushing unit and have been carrying out quarrying activities.
The applications were made to the Competent Authority seeking to
communicate the fine amount payable for conversion and also to
pass deemed conversion under the provisions of the Karnataka
Land Revenue Act, 1964 more particularly, under Section 95(9) of
the 1964 Act.
4. In course of the hearing, learned advocate for the parties had
no dispute in submitting that the petition deserves to be disposed of
on the same lines as per the order dated 16.01.2025 passed in
Smt. Chandravva Hanamant Madar and Others vs. The State of
Karnataka and Others, which was Writ Petition No.34549 of 2024
seeking consideration of the request for deemed conversion under
the provisions of Section 95(9) of the 1964 Act. The petitioners
have shown their readiness and willingness to pay the amount of
fine as may be determined by the Competent Authority.
5. In the light of the above, the present petition is disposed of
with the following directions,
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(i) The applications/representations dated
15.08.2024 and 03.12.2024 of the petitioners shall be
considered and decided by the competent authority-the
Deputy Commissioner.
(ii) The Deputy Commissioner shall indicate and
communicate to the petitioners the amount of fine
payable for conversion of the land in accordance with
Rule 107 of the Karnataka Land Revenue Rules, 1966.
(iii) The exercise shall be completed by the Deputy
Commissioner within eight weeks from the date of
receipt of certified copy of this order.
(iv) Upon payment of the necessary charges as may
be intimated to the petitioners by the Deputy
Commissioner, the applications of the petitioners for
deemed conversion would be deemed to have been
granted under Section 95(9) of the Karnataka Land
Revenue Act.
(v) Even if the deemed conversion is granted, it is
clarified that the petitioners shall be entitled to use the
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land for non-agricultural purpose of stone crushing only
after licence for the purpose under the Act of 2011 is
granted.
(vi) It is made clear that the issue whether the
petitioners are entitled to licence under the Act of 2011
is kept open. While deciding the applications for grant
of licence, the competent authority shall look into all the
grounds which are set out in respect of the impugned
order to be considered in accordance with law.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
VMB
