Allowed¶88

Sri H Maruti S/O Yallappa v. the Deputy Commissioner

Karnataka HC18 Jun 2025WP/102795/2025

Case brief

AI extract

What is this about?

Section 95 Karnataka Land Revenue Act deemed conversion; Karnataka Land Revenue (Amendment) Act 2023; rejection of land conversion order by Deputy Commissioner Dharwad; writ of mandamus conversion charges; land within CDP/HDUDA limits Unkal Hubballi; Karnataka Town and Country Planning Act 1961 master plan; Justice Pradeep Singh Yerur; WP No. 102795 of 2025 (KLR-CON); decided 18 June 2025; NC: 2025:KHC-D:7772.

What did the court decide?

Writ of mandamus to the respondent-Deputy Commissioner to accept the petitioners' application for conversion of the land from agricultural to non-agricultural purpose, collect any applicable conversion fee if not already paid, and pass suitable orders, completing the exercise within four weeks from receipt of a copy of the order. ¶88

Sri H Maruti S/O Yallappa Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Deputy Commissioner erred in rejecting the petitioners' application (No.437327 dated 07-01-2023) for conversion of land Sy.No.22/15 (4 guntas, Unkal, Hubballi) from agricultural to non-agricultural use, given that the land lies within the CDP/HDUDA limits and Section 95(2)(i) of the Karnataka Land Revenue Act, as amended in 2023, operates as a deeming provision where land use is specified in the Master Plan. +1 more

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Court's answer

Since the property falls within the CDP limits, i.e., within the Hubballi-Dharwad Urban Development Authority limits, the petitioners' case squarely comes under the provisions of Section 95(1) of the Karnataka Land Revenue Act.

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Ratio / Principle

Once the property falls within the limits of a City Municipal Corporation or Municipality, the provisions of Section 95(2)(i) of the Karnataka Land Revenue Act are attracted; it is a deeming provision under which the Deputy Commissioner is duty-bound to pass an order granting conversion of the agricultural land to non-agricultural purpose.

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Key takeaways

By failing to pass an order granting conversion of the agricultural land to non-agricultural purposes as contemplated under Section 95(2)(i) of the Act, the respondent has committed an illegality; he was required to follow due process of law particularly when a representation had been filed seeking conversion.ratio¶52
If the Deputy Commissioner fails to give his decision within thirty days from the date of receipt of the application, the approval for conversion shall be considered to have been granted by the Deputy Commissioner.ratio¶84
In view of the deeming provision under the Amendment Act of 2023, there is no option left to the Deputy Commissioner: where the land falls within the CDP or is specified in the master plan under the Karnataka Town and Country Planning Act, 1961, the conversion shall be accorded by the Deputy Commissioner within a period of 30 days from the date of the application.

Detailed headnote1 paragraphs

High Court of Karnataka (Dharwad Bench), Justice Pradeep Singh Yerur, 18 June 2025 - W.P. No. 102795 of 2025 (KLR-CON) allowed. Six agriculturist co-owners sought conversion of Sy.No.22/15 measuring 4 guntas at Unkal, Hubballi (Dist. Dharwad), lying within Hubballi-Dharwad Urban Development Authority limits and shown in the CDP/Land Use Certificate as partially residential and partially road; the Deputy Commissioner, Dharwad rejected their conversion Application No.437327 dated 07-01-2023 by order dated 15.02.2023 (Annexure-C). Relying on the Karnataka Land Revenue (Amendment) Act 2023 (in force 27.07.2023), which substitutes deeming provisions in Section 95(2)(i)-(ii) of the Karnataka Land Revenue Act 1964 - no Deputy Commissioner permission required where land use is specified in the published Master Plan under the Karnataka Town and Country Planning Act 1961, deemed no-objection if opinion is not furnished within fifteen days, and deemed approval if the Deputy Commissioner fails to decide within thirty days - the Court held Section 95(2)(i) attracted, the respondent duty-bound to grant conversion, and the rejection an illegality showing non-application of mind. Writ of mandamus issued to accept the conversion application, collect conversion fee if applicable and unpaid, and pass suitable orders within four weeks.

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1 - NC: 2025:KHC-D:7772 WP No. 102795 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18^TH DAY OF JUNE 2025

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 102795 OF 2025 (KLR-CON)

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BETWEEN:

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SRI. H. MARUTI S/O. YALLAPPA, AGED ABOUT 69 YEARS, OCC: AGRICULTURE,

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SRI. DEEPAK S/O. H. MARUTI, AGED ABOUT 45 YEARS, OCC: AGRICULTURE,

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SRI. BALAJI S/O. H. MARUTI, AGED ABOUT 42 YEARS, OCC: AGRICULTURE,

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BHASKAR S/O. H. MARUTI, AGED ABOUT 40 YEARS, OCC: AGRICULTURE,

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SMT. NETRAVATI D/O. H. MARUTI, AGED ABOUT 38 YEARS, OCC: AGRICULTURE,

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POORNIMA D/O. H. MARUTI, AGED ABOUT 36 YEARS, OCC: AGRICULTURE,

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VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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ALL RESIDENTS OF C/O. AKASH M. MAHENDRAKAR, R/O. ROKHADE CASTLE, PRASHANT COLONY, VIDYANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.

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…PETITIONERS

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(BY SRI. G.I. GACHCHINAMATH, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD.

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…RESPONDENT

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(BY SRI. M.M. KHANNUR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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2 - NC: 2025:KHC-D:7772 WP No. 102795 of 2025

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HC-KAR

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a) QUASH THE IMPUGNED ORDER DATED 15.02.2023 BEARING NO. NIL ISSUED BY THE RESPONDENT PRODUCED AS ANNEXURE-C IN RESPECT OF THE APPLICATION NO.437327 DATED 07-01-2023 PERTAINING TO THE LAND BEARING SY. NO.22/15 MEASURING 4 GUNTAS SITUATED AT UNAKAL, TQ: HUBBALLI, DIST: DHARWAD BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS.

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b) ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT TO ACCEPT THE NECESSARY CONVERSION CHARGES AND ISSUE THE CONVERSION ORDER HOLDING THAT THE LAND BEARING NO.22/15 MEASURING 4 GUNTAS SITUATED AT UNAKAL, TQ: HUBBALLI, DIST: DHARWAD IS DEEMED TO BE CONVERTED AS PER SECTION 95 OF THE KARNATAKA LAND REVENUE ACT AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Heard learned counsel Sri.G.I.Gachchinamath

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for the petitioners. Learned AGA Sri. Madanmohan Khannur is directed to take notice for the respondentState.

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The petitioners are the owners of the land bearing Sy.No.22/15 measuring 4 guntas situated at Unkal, Hubballi, district Dharwad. It is submitted by the learned counsel for the petitioners that the land of the petitioners fall within the city limits and land has also been

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3 - NC: 2025:KHC-D:7772 WP No. 102795 of 2025

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HC-KAR

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earmarked for residential purpose in the CDP, so also contends that the planning authority i.e., the HubballiDharwad Urban Development Authority has issued the ‘Land Use Certificate’ with regard to the land of the petitioners being reserved partially for residential and partially for road. It is submitted that the petitioners had applied for conversion of the land from agricultural to nonagricultural purpose, but unfortunately the Deputy Commissioner rejected the application for conversion of the land without even applying his mind and without considering the fact that the land falls within the HDUDA authority limits. Aggrieved by the impugned order of rejection of the conversion of land from agricultural to non-agricultural use, the petitioners are before this Court.

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It is the vehement contention of the learned counsel for the petitioners that the Deputy Commissioner ought to have acted under Section 95 of the Karnataka Land Revenue Act. However, this has not been done in the present case, thereby showing total non-application of

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4 - NC: 2025:KHC-D:7772 WP No. 102795 of 2025

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HC-KAR

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mind and perversity in passing the impugned order. The Karnataka Land Revenue (Amendment) Act 2023 came into effect on 27.07.2023. As per the amendment of the Act in 2023, Section 95(2)(i) & (ii) reads as under:

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"2. Amendment of Section 95.- In the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), for clauses (i) and (ii) of sub-section (2) of section 95, the following shall be substituted, namely:-

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(i) The permission of the Deputy Commissioner shall not be required for diversion of lands for non-agricultural purposes, if such lands assessed or held for the purpose of agriculture, is as per the land use as specified in the Master Plan duly published, for the concerned land under the provisions of the Karnataka Town and Country Planning Act, 1961(Karnataka Act 11 of 1963):

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Provided that, the prescribed fee under sub-section (7) shall be paid to the concerned Town Planning Authority at the time of obtaining requisite permissions from the Authority along with self declaration as may be prescribed.

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(ii) If any occupant of a land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose and if such lands are falling outside the Local Planning Area for which the Master Plan has not been published, the applicant shall submit an affidavit along with an application to the Deputy Commissioner in such manner as may be prescribed.

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The concerned authorities shall furnish their opinion within fifteen days from the date

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5 - NC: 2025:KHC-D:7772 WP No. 102795 of 2025

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HC-KAR

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of receipt of the application. The Deputy Commissioner shall issue the approval for diversion for use as per the application, subject to the opinion furnished by the concerned authorities and subject to payment of the fee as prescribed under sub-section (7):

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Provided that, if opinion is not furnished within the said period of fifteen days, it shall be deemed that the concerned authorities have no objection to the said diversion of land for use as per the application.

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Provided further that, in case the Deputy Commissioner fails to give his decision and issues the order under this sub-section within thirty days from the date of receipt of the application, the approval of the diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall be certified and issued in such manner as may be prescribed subject to payment of fee as prescribed under subsection (7)."

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Under the circumstances, once the property

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falls within the limits of a City Municipal Corporation or Municipality, the provisions of Section 95(2)(i) of the Karnataka Land Revenue Act would be attracted, so also it is a deeming provision. Therefore, the respondent is duty-

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bound to pass an order granting conversion of the agricultural land to non-agricultural purposes, as contemplated under the said provision. By failing to do so, the respondent has committed an illegality. The respondent was required to follow due process of law,

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6 - NC: 2025:KHC-D:7772 WP No. 102795 of 2025

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HC-KAR

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specifically under Section 95(2)(i) of the Act, particularly when a representation had been filed seeking conversion of the land.

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After amendment to sub section (2) of the Karnataka Land Revenue Act, the following has been substituted, namely:-

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“(2) If any occupant of a land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose, he shall submit an affidavit along with an application to the Deputy Commissioner in the manner as may be prescribed and if the diversion is sought,-

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(i) In accordance with the use specified in the Master Plan duly published for the concerned land under the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), then the same shall be deemed to have been diverted subject to payment of prescribed fee under sub-section (7) and the Deputy Commissioner shall issue the order of approval accordingly within seven days from the date of receipt of the application:

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Provided that, in case the Deputy Commissioner fails to give his decision and issue the order under this sub-section within fifteen days from the date of receipt of the application, the approval for diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall be certified and issued, after payment of fee prescribed under sub-section (7), in the manner as may be prescribed.

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7 - NC: 2025:KHC-D:7772 WP No. 102795 of 2025

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HC-KAR

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(ii) In case the Master Plan has not been published or the land is falling outside the local planning area, then the concerned authorities shall furnish their opinion within fifteen days from the date of receipt of the application. The Deputy Commissioner shall issue the approval for diversion for use as per the application, subject to the opinion furnished by the concerned authorities and subject to payment of the fee prescribed under subsection (7):

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Provided that, in case no opinion is furnished within the said period of fifteen days, it shall be deemed that the concerned authorities have no objection to the said diversion of land for use as per the application.

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Provided further that, in case the Deputy Commissioner fails to give his decision and issue the order under this sub-section within thirty days from the date of receipt of the application, the approval for diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall certified and issued in the manner as may be prescribed subject to payment of fee prescribed under sub-section (7).

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(iii) If any diversion is obtained with a false or wrong declaration or affidavit under this section, in addition to the criminal liabilities, the same shall be null and void upon order in this regard by the Deputy Commissioner. The conversion fee, if remitted, shall stand forfeited to the Government. The land whose diversion for non-agriculture use was obtained by a false affidavit, the Deputy Commissioner may also issue an order for forfeiture of the said land to the Government.

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(iv) (iv) In case a part of the survey number is sought to be diverted for nonagriculture use then prior pre-conversion sketch, approved by the Survey Settlement and Land Records Department, identifying the

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8 - NC: 2025:KHC-D:7772 WP No. 102795 of 2025

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HC-KAR

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metes and bounds for the part sought to be converted, shall be mandatorily filed along with application for diversion:

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Provided that, in case the Survey Settlement and Land Records department fails to approve or reject the pre-conversion sketch within fifteen days from the date of receipt of application for the sketch of the applicant, it shall be deemed to be approved as prepared by the applicant and the approval shall be issued in the manner as may be prescribed.

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(v) In case the applicant in his declaration or affidavit stated that the land sought to be diverted to non-agriculture use is a granted land then the Deputy Commissioner shall reject the application if the diversion contravenes any provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 or the Karnataka Land Grants Rules, 1969 or any other terms and conditions of the grants issued by the Government from time to time.

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(vi) No order of diversion under this section shall by itself lead to increase in the guidance value of the diverted land as notified by the Department of Stamp and Registration unless the land is put to actual non-agricultural use as under provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963):

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Provided that, in Dakshina Kannada District, subject to any law for the time being in force regarding erection of buildings or the construction of wells or tanks, an occupant of dry (punja) land, wet land or garden land who is not,-

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(a) a person registered or liable to be registered as an occupant of such land under section 48A of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962); or

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9 - NC: 2025:KHC-D:7772 WP No. 102795 of 2025

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HC-KAR

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(b) a grantee of such land under section 77 of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962), may without obtaining the permission required under this sub-section and notwithstanding anything contained therein, divert such land or part thereof to any other purpose after sending a prior notice to the Tahasildar in such form as may be prescribed and subject to payment of fee prescribed under subsection (7).”

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(2) sub-sections (3), (4), (5) and (6) shall be omitted. (3) For sub-section (7), the following shall be substituted, namely:-

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“(7) When any land assessed or held for the purpose of agriculture is permitted or is deemed to have been permitted under this section, to be used for any purpose other than agriculture, the Deputy Commissioner may, subject to such rules as may be made by the State Government in this behalf, require the payment of a fee as notified from time to time. No assessment shall be leviable on such land thereafter except under sub-section (2) of section 83.”

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In the present case on hand, since the property falls within the CDP limits i.e., within the Hubballi-Dharwad Urban Development Authority limits, the petitioners’ case squarely comes under provisions of Section 95(1) of the Act and the second proviso prescribes that within fifteen from the date of receipt of application, an opinion shall be furnished by the concerned authority and thereafter the Deputy Commissioner shall issue approval for conversion from agricultural to any other purpose, upon collecting requisite fee. It is also a deeming provision, as within

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10 - NC: 2025:KHC-D:7772 WP No. 102795 of 2025

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HC-KAR

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fifteen days if an opinion is not furnished, it would amount to no objection for the said conversion of the land for use, as per the application filed by the applicant.

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It is further stated that if the Deputy Commissioner fails to give his decision within thirty days from the date of receipt of the application, the approval for conversion shall be considered to have been granted by the Deputy Commissioner.

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In view of the said deeming provision provided under the Amendment Act of 2023, there is no option left to the Deputy Commissioner that if the land falls within the CDP or is specified in the master plan for the concerned land in the Karnataka Town and Country Planning Act, 1961, the conversion shall be accorded by the Deputy Commissioner within a period of 30 days from the date of the application.

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In view of the above, I pass the following:

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ORDER

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i. Petition is allowed.

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11 -

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NC: 2025:KHC-D:7772 WP No. 102795 of 2025

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HC-KAR

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ii. Writ of mandamus is issued directing the respondent-Deputy Commissioner to accept the application for conversion of the land of the petitioners from agricultural to nonagricultural purpose by collecting any conversion fee, if any, so applicable and if already not paid, and pass suitable orders accordingly.

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iii. The said exercise shall be completed within a period of four weeks’ from the date of receipt of copy of this order.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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KGK CT-MCK List No.: 1 Sl No.: 9

Sri H Maruti S/O Yallappa v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Sri H Maruti S/O Yallappa v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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