Sri Gurusiddappa Bhimappa Gunjigavi Vs the State of Karnataka

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.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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NC: 2025:KHC:5669-DB WP No. 1366 of 2025

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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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.

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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.

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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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NC: 2025:KHC:5669-DB WP No. 1366 of 2025

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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.

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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.

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In the light of the above, the present petition is disposed of with the following directions,

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NC: 2025:KHC:5669-DB WP No. 1366 of 2025

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(i) The applications/representations dated

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15.08.2024 and 03.12.2024 of the petitioners shall be considered and decided by the competent authority-the Deputy Commissioner.

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(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.

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(iii) The exercise shall be completed by the Deputy Commissioner within eight weeks from the date of receipt of certified copy of this order.

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(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.

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(v) Even if the deemed conversion is granted, it is clarified that the petitioners shall be entitled to use the

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NC: 2025:KHC:5669-DB WP No. 1366 of 2025

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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.

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(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

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order to be considered in accordance with law.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(M.I.ARUN) JUDGE

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VMB

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List No.: 1 Sl No.: 4

Sri Gurusiddappa Bhimappa Gunjigavi v. the State of Karnataka

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Sri Gurusiddappa Bhimappa Gunjigavi v. the State of Karnataka

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