Karnataka High Court
M/S Ferro Vaishnavi Ferro Sand Pvt Ltd vs The Deputy Commissioner on 2 July, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC-D:8288
WP No. 100990 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY 2025
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 100990 OF 2025 (KLR-CON)
BETWEEN:
M/S FERRO VAISHNAVI FERRO SAND PVT. LTD.,
A COMPANY REGISTERED UNDER THE COMPANIES
ACT, HAVING ITS REGISTERED OFFICE AT:
1ST FLOOR, SIDDESHWARA BADAWANE,
RAJAJINAGAR, TQ: HOSAPETE,
DIST: VIJAYANAGARA,
REPRESENTED BY ITS AUTHORISED
SIGNATORY/DIRECTOR,
SRI. RAGHAVENDRA DANDIN,
AGED ABOUT 38 YEARS, OCC: DIRECTOR,
VIJAYALAKSHMI
M KANKUPPI R/O. HOSAPETE, TQ: HOSAPETE,
DIST: VIJAYANAGARA-583201.
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
...PETITIONER
BENCH (BY SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
THE DEPUTY COMMISSIONER,
VIJAYANAGARA DISTRICT,
VIJAYANAGARA-583201.
...RESPONDENT
(BY SRI. M.M. KHANNUR, AGA)
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WP No. 100990 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO,
A. QUASH THE IMPUGNED ENDORSEMENT ORDER DATED
NIL BEARING NO. NIL PASSED BY THE DEPUTY
COMMISSIONER OF VIJAYANAGARA PRODUCED AS
ANNEXURE-B TO B2 BY ISSUE OF WRIT OF CERTIORARI
OR ANY OTHER SUITABLE WRIT OR ORDER OF
DIRECTION.
B. ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENT TO GRANT THE CONVERSION ORDER IN
RESPECT TO THE LAND BEARING SURVEY NUMBER 125/1
MEASURING 2.15 ACRES, SURVEY NUMBER 125/BC
MEASURING 2.71 ACRES AND SURVEY NUMBER 137
MEASURING 0.56 ACRES SITUATED AT
JAMBUNATHANAHALLI VILLAGE, TQ: HOSAPETE,
DISTRICT VIJAYANAGARA.
C. ISSUE A WRIT OF MANDAMUS DECLARING THAT THE
LAND BEARING SURVEY NUMBER 125/1 MEASURING
2.15 ACRES, SURVEY NUMBER 125/BC MEASURING 2.71
ACRES AND SURVEY NUMBER 137 MEASURING 0.56
ACRES SITUATED AT JAMBUNATHANAHALLI VILLAGE,
TQ: HOSAPATE, DISTRICT VIJAYANAGARA ARE DEEMED
TO HAVE BEEN CONVERTED BY VIRTUE OF SECTION 95
OF THE KARNATAKA LAND REVENUE ACT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:8288
WP No. 100990 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
Learned AGA Sri.M. M. Khannur, is directed to take
notice for the respondent.
2. Heard the learned counsel for the petitioner.
3. Petitioner is the owner of the agricultural lands
bearing survey No.125/1 measuring 2.15 acres, survey
No.125/BC measuring 2.71 acres and survey No.137
measuring 0.56 acres, situated at Jambunathanahalli
Village, Hosapete Taluk, District Vijayanagar, having
purchased the said lands on 16.08.2024. The revenue
entries reflect the name of the petitioner. The properties
of the petitioner were shown to be coming within the limits
of Hosapete City Municipal Council by an endorsement
dated 07.01.2025, vide Annexure-C. The petitioner made
an application on 07.01.2024 for conversion of said lands
of the petitioner from agricultural to non-agricultural
purpose. Despite the application being made, no action
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has been taken by the respondent. Hence, the petitioner
is before this Court.
4. It is the contention of learned counsel for the
petitioner that, once the land belonging to the petitioner
comes within the Hosapete City Municipal Council and the
endorsement having been issued to that effect, the
respondent ought to have converted the land to non-
agricultural purpose as contemplated under Section 95(2)(i)
of the Karnataka Land Revenue (Amendment) Act, 2023
(hereinafter referred to as the 'Act', for short), on the ground
that the land would be deemed to be converted. Having not
done so, the petitioner is before this Court for the inaction of
the respondents. Learned counsel for the petitioner relies on
the judgment of a Co-ordinate Bench of this Court in
W.P.No.101075/2024 dated 21.02.2024, in support of his
case.
5. The provisions of section 95(2)(i) of the Act is not
disputed by the learned AGA. Learned AGA further contends
that, if the property is falling within the City Municipal limits
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and the same has been declared so by an endorsement by
the City Municipal Council, Section 95(2)(i) of the Act would
be squarely applicable to the case on hand.
6. Under the circumstances, once the property falls
within the City Municipal Council or Municipality, the
provisions of Section 95(2)(i) of the Act would be attracted
and it would be a deeming provision. Therefore, the
respondents are duty bound to pass an order granting
conversion of agricultural land to non-agricultural purpose as
contemplated under the said provision. Having not done so,
the respondent committed an illegality, but the respondent
ought to follow the due process of law, more specifically
section 95(2)(i) of the Act, more so when the application is
filed seeking conversion of land.
7. In view of the above, it is only a formality of the
requirement for the petitioner to seek permission to divert or
convert the land from agricultural to non-agricultural purpose
in view of the lands of the petitioner coming within the
Hosapete City Municipal Council limits.
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8. Under the circumstances, I pass the following:
ORDER
i. The petition is allowed.
ii. A writ of mandamus is issued directing
the respondent to pass suitable orders of
conversion of the lands of the petitioner
from agricultural to non-agricultural
purpose by collecting any conversion
fee, if so applicable and if not paid.
iii. The compliance of this order shall be
done in accordance with law, within a
period of four weeks from the date of
receipt of a copy of this order.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
gab
CT-MCK
