Citation : 2026 Latest Caselaw 2224 Kant
Judgement Date : 12 March, 2026
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WP No. 200513 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200513 OF 2026 (KLR-CON)
BETWEEN:
MR. MOHD MOHEED
S/O MOHD. ABDUL KHADEER,
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O. RAVULPALLY VILLAGE,
KODANGAL MANDAL,
VIKHARABAD DISTRICT-509 338.
...PETITIONER
(BY SRI. SUNEEL KUMAR KALEKAR, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY,
Digitally signed DEPARTMENT OF REVENUE COMMISSIONERATE,
by SACHIN THE GOVERNMENT OF KARNATAKA,
Location: HIGH
COURT OF KANDAYA BHAVAN,
KARNATAKA K.G. ROAD, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER OF
REVENUE DEPARTMENT,
THE OFFICE OF THE DEPUTY COMMISSIONER,
KALABURAGI TOWN AND DISTRICT-585 102.
3. THE ASSISTANT COMMISSIONER OF
REVENUE DEPARTMENT,
MINI VIDHAN SABA, SEDAM POST AND TALUKA
KALABURAGI DISTRICT-585 222.
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WP No. 200513 of 2026
HC-KAR
4. THE TAHSILDAR,
THE OFFICE OF THE TAHSILDAR,
SEDAM TALUKA,
KALABURAGI DISTRICT-585332.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) A
WRIT IN THE NATURE OF MANDAMUS SET ASIDE REJECTION
ORDER PASSED BY THE RESPONDENT NO. 2 TO RESPONDENT
NO. 4 FOR CONVERSION OF AGRICULTURE LAND IN TO NON
AGRICULTURE LAND IN SY NO. 125 TO AN EXTENT OF AC. 1.00
GTS OF MDEAK VILLAGE SESAM THALUK KALABURAGI
DISTRICT AND CONSEQUENTLY DIRECT RESPONDENT NO. 2
TO RESPONDENT NO.4 TO DO CONVERT AGRICULTURE LAND
INTO NON-AGRICULTURE LAND BY CONSIDERING DOCUMENTS
FILED BY THE PETITIONER IN RESPECT OF SY NO. 125 TO AN
EXTENT AC.1.00 GTS OF MEDAK VILLAGE SEDAM, TALUK
KALABURAGI DISTRICT. B) ISSUE ANY OTHER WRIT OR
DIRECTION WHICH THIS HON'BLE COURT DEEMED FIT UNDER
THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition under Articles 226 & 227 of the
Constitution of India, is filed seeking for the following reliefs:
(a) A writ in the nature of mandamus set aside rejection order passed by the respondent No.2 to respondent No.4 for conversion of agriculture land into non-agriculture land in Sy.No.125 to an extent of
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Accused. 1-00 Gts of Medak village, Sedam Taluka, Kalaburgi district and consequently direct respondent No.2 to respondent No.4 to do convert agriculture land into non-agriculture land by considering documents filed by the petitioner in respect of Sy.No.125 to an extent Accused.1-00 Gts of Medak village, Sedam Taluka, Kalaburgi district;
(b) Issue any other writ or direction, which this Hon'ble Court deemed fit under the facts and circumstances of the case, in the interest of justice and equity.
2. Heard the learned counsel for the petitioner and the
learned Additional Government Advocate appearing for the
respondents.
3. The petitioner who has purchased the land bearing
Survey No.125, measuring 0.20 guntas situated at Medak
village, Sedam taluka, under a registered sale deed dated
17.02.2025 from Smt. Padmamma D/o. Bhadrayya appears to
have filed an application seeking conversion of the aforesaid
land from agriculture to non-agriculture purpose. The said
application has been rejected by the respondent-Deputy
Commissioner vide endorsement at Annexure-C. Aggrieved by
the same, the petitioner is before this Court.
4. Perusal of the material on record would go to show
that, the land in dispute is an Inam Land. Sri.Bhadrayya who is
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the father of the vendor of the petitioner, had filed an
application before the jurisdictional Land Tribunal for granting
occupancy rights of the said land and considering the same,
vide order dated 19.09.1984, the Land Tribunal has granted
occupancy rights of the aforesaid land in favour of
Sri.Bhadrayya. The Registered sale deed has been executed in
favour of the petitioner in respect of the aforesaid land by Smt.
Padmamma who is the daughter of the aforesaid Sri.Bhadrayya
on 11.12.2025 and petitioner claims right, title and interest
over the land measuring 0.20 guntas under the aforesaid sale
deed and it appears that the revenue records of the land in
question were also transferred in his name.
5. The Deputy Commissioner has rejected the
petitioner's application for conversion of the aforesaid land from
agriculture to non-agriculture purpose based on the report of
the Tahasildar dated 14.11.2025, wherein it is stated that, the
land bearing Survey No.125/2 measuring 20 guntas is a Inam
Land. However, the fact remains that, Sri. Bhadrayya who is
the father of the petitioner's vendor was granted occupancy
rights of the entire extent of 03 acre 24 guntas in Survey
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No.125 of Medak village, Sedam taluka under order Annexure-B
dated 19.09.1984.
6. Under the circumstances, the impugned
endorsement issued by the Deputy Commissioner cannot be
sustained. Accordingly, the following:
ORDER
(i) The writ petition is allowed;
(ii) The impugned endorsement at Annexure-
C issued by the respondent-Deputy Commissioner rejecting the application of the petitioner seeking conversion of his land bearing Survey No.125, measuring 20 guntas situated at Medak village, Sedam taluk, Kalaburagi district, is quashed and the Deputy Commissioner is directed to consider the said application afresh in accordance with law as expeditiously as possible, but not later than a period of six weeks from the date of receipt of copy of this order.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE
SVH List No.: 1 Sl No.: 67 CT:PK
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