Citation : 2026 Latest Caselaw 2388 Kant
Judgement Date : 17 March, 2026
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NC: 2026:KHC-K:2458
WP No. 202999 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 202999 OF 2025 (KLR-CON)
BETWEEN:
HANAMREDDY
AGE: 40 YEARS, OCC: AGRI,
R/O VILLAGE RAMPUR-585221,
POST BALCHED, TQ AND DIST YADAGIRI.
...PETITIONER
(BY SRI. KARONCHIA AUGUSTIN JAMES, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
REVENUE DEPARTMENT,
Digitally signed by M. S. BUILDING, BENGALURU-560001.
SWETA KULKARNI
Location: HIGH
COURT OF 2. DEPUTY COMMISSIONER,
KARNATAKA
YADAGIRI, DIST. YADAGIRI-585201.
3. THE TAHASILDAR, YADAGIRI,
TQ. AND DIST. YADAGIRI-585201.
4. KARNATAKA STATE WAKF BOARD
#6 CUNNINGHAM ROAD, VASANT NAGAR,
BENGALRU-560051.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
SRI P. S. MALIPATIL, ADVOCATE FOR R4 THROUGH (VC))
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NC: 2026:KHC-K:2458
WP No. 202999 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT
OF CERTIORARI AND THE ENDORSEMENT ORDER DATED 04-
04-2025 PERTAINING TO THE APPLICATION NO.746478 DATED
02-04-2025 VIDE ANNEXURE-F FOR CONVERSION OF LAND
SURVEY NO. 42/4 , MEASURING 02 ACRES 29 GUNTAS OF
VILLAGE RAMPUR, TALUK YADAGIR, B) ISSUE A WRIT OR
DIRECTION OR ORDER IN THE NATURE OF MANDAMUS BY
DIRECTING THE DEPUTY COMMISSIONER YADAGIRI LAND
SURVEY NO. 42/4, MEASURING 02 ACRES 29 GUNTAS OF
VILLAGE RAMPUR, TALUK YADAGIRI, DISTRICT YADAGIRI TO
PASS ORDER ALLOWING APPLICATION NO APPLICATION NO.
746478 DATED 02-04-2025 FOR CONVERTING LAND FOR
RESIDENTIAL PURPOSE. B) TO PASS ANY SUCH OTHER ORDER
OR ORDERS AS THIS HONOURABLE COURT MAY DEEM FIT
BASED ON THE FACTS AND CIRCUMSTANCES.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition under Article 226 of the
Constitution of India, is filed with a prayer to quash the
endorsement at Annexure-F dated 04.04.2025 issued by the
respondent No.2-Deputy Commissioner.
2. Heard the learned counsels for the parties.
3. The petitioner who claims to be the owner in
possession of the property bearing Survey No.42/4,
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HC-KAR
measuring 2 acres 29 guntas, situated in Rampur village,
taluka and district Yadgir, appears to have filed an
application before the Deputy Commissioner, Yadgir, for
conversion of the aforesaid land from agriculture to non-
agriculture purpose. The said application has been rejected
by the Deputy Commissioner on 04.04.2025 vide impugned
endorsement at Annexure-F. It is under these circumstances,
the petitioner is before this Court.
4. Learned counsel for the petitioner submits that,
the order impugned is violative of principles of natural
justice. He also places reliance on the order at Annexure-G
dated 06.04.2024 and submits that, the adjacent land has
been converted from agriculture to non-agriculture purpose
and therefore, there was no justification in issuing the
impugned endorsement.
5. Per contra, learned Additional Government
Advocate and learned counsel appearing for the respondent
No.4 submit that, the petitioner has an alternate efficacious
remedy of filing appeal before the Karnataka Appellate
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Tribunal, as against the impugned endorsement. Accordingly,
they pray to dismiss the petition.
6. The petitioner who claims to be the land owner in
possession of the aforesaid property bearing Survey
No.42/4, measuring 2 acres 29 guntas has filed an
application before the respondent No.2 - Deputy
Commissioner with a prayer to permit him to convert the
aforesaid land from agriculture to non-agriculture purpose. It
appears that, the respondent No.4 on 21.03.2025 has
addressed a communication to the respondent No.2 raising
objection for conversion of the aforesaid land. The Deputy
Commissioner only for the reason that, he has received
objection from the respondent No.4 on 21.03.2025, has
rejected the application of the petitioner without assigning
any other reason. No enquiry has been held after issuing
notice to the parties concerned by the respondent No.2 and
the impugned endorsement is issued only for the reason
that, he had received objection from the respondent No.4.
The impugned order which is passed without enquiry and
without assigning any reason cannot be sustained as the
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same has been passed in utter violation of principles of
natural justice.
7. Under the circumstances, I am of the opinion that
it is not necessary for this Court to relegate the petitioner to
avail the alternate remedy of appeal. Accordingly, the
following:
ORDER
(i) The writ petition is allowed;
(ii) The impugned endorsement at
Annexure-F dated 04.04.2025 issued by
respondent No.2 is set aside and the matter is
remitted to the respondent No.2 to consider the
application of the petitioner seeking conversion of
the aforesaid land from agriculture to non-
agriculture purpose in accordance with law, after
hearing the parties concerned;
(iii) The said exercise shall be done by the
Deputy Commissioner as expeditiously as possible,
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but not later than a period of four months from the
date of receipt of copy of this order.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE
SVH List No.: 1 Sl No.: 3 CT:PK
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