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Sri. Dashrath Hanmanth Suryavanshi v. the State of Karnataka

Karnataka HC23 Feb 2026WP/4952/2026

Case brief

AI extract

What is this about?

Writ of mandamus; deemed conversion Section 95(9) Karnataka Land Revenue Act 1964; conversion fine Rule 107 Karnataka Land Revenue Rules 1966; quarrying licence Form AQL; safe-zone declaration; laterite quarrying/mining Belgavi (Belagavi); non-consideration of pending applications; direction to decide within eight weeks; Articles 226 and 227 Constitution of India.

What did the court decide?

Respondents directed to consider the petitioners' applications dated 01.09.2025 (deemed conversion under Section 95(9), Karnataka Land Revenue Act, 1964) and 15.09.2025 (fine amount payable for conversion under Rule 107, Karnataka Land Revenue Rules, 1966) and to communicate the decision as expeditiously as possible, preferably within eight weeks from date. ¶46

Sri. Dashrath Hanmanth Suryavanshi Vs the State… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents are to be directed to consider the application dated 15.09.2025 (Annexure-J) and communicate the fine amount payable for conversion under Rule 107 of the Karnataka Land Revenue Rules, 1966. +1 more

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Court's answer

The present petition is allowed; the respondents are directed to consider the petitioners' application dated 15.09.2025 and communicate the decision, i.e., the fine amount payable for conversion under Rule 107 of the Karnataka Land Revenue Rules, 1966.

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Ratio / Principle

The respondents are directed to consider the petitioners' application dated 01.09.2025 seeking deemed conversion under Section 95(9) of the Karnataka Land Revenue Act, 1964, and communicate the decision.

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Key takeaways

The decision on the applications is to be communicated as expeditiously as possible, and preferably within a period of eight weeks from the date of the order.ratio¶49

Detailed headnote1 paragraphs

HIGH COURT OF KARNATAKA (Vibhu Bakhru, Chief Justice, and C.M. Poonacha, J.) allowed Writ Petition No. 4952 of 2026 (GM-MM-S), filed under Articles 226 and 227 of the Constitution seeking a writ of mandamus. The petitioners, owners of lands in Survey Nos. 160/1 and 160/2, Badasinam Village, Belgavi Taluk, Belgavi District, proposed quarrying of laterite over about 12 acres out of 16 acres 5 guntas. Through their agreement-holder, Swarna Aditya Gold Refinery and Resources Private Limited, they had applied on 08.09.2021 for safe-zone declaration and a Form AQL quarrying licence (pursuant to which respondent No.3 sought NOCs and a joint survey), on 01.09.2025 (Annexure-H) under Section 95(9) of the Karnataka Land Revenue Act, 1964 for deemed conversion, and on 15.09.2025 (Annexure-J) for communication of the conversion fine under Rule 107 of the Karnataka Land Revenue Rules, 1966, but the applications remained unconsidered. The Court directed the respondents to consider the applications dated 01.09.2025 and 15.09.2025 and to communicate the decision as expeditiously as possible, preferably within eight weeks from the date of the order.

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NC: 2026:KHC:11015-DB WP No. 4952 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026 PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 4952 OF 2026 (GM-MM-S)

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BETWEEN:

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SRI DASHRATH HANMANTH SURYAVANSHI S/O HANMANT SURYAVASNHI AGED ABOUT 52 YEARS

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SRI NARAYAN SURYAVANSHI S/O LAKSHMAN SURYAVANSHI AGED ABOUT 37 YEARS

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Digitally signed by AMBIKA H B Location: High Court of Karnataka

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SRI SANTOSH SURYAVANSHI S/O LAKSHMAN SURYAVANSHI AGED ABOUT 30 YEARS

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ALL RESIDENT AT:R/A NO.20, LAXMI GALLI, BADAS (INAM), BELAVATTI, HUKKERI, BELAGAVI - 591 309 REPRESENTED BY THE POWER OF ATTORNEY HOLDER - SWARNA ADITYA GOLD REFINERY AND RESOURCE PVT. LTD. REPRESENTATIVE DIRECTOR: HARISHREE MEHTA AT: 1^ST FLOOR, FLAT NO. F2 PLOT NO. 141, A1-TAQWA

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NC: 2026:KHC:11015-DB WP No. 4952 of 2026

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HC-KAR

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RESIDENCE. CTS NO. 4857/91 SADASHIV NAGAR, BELGAVI - 590 019

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…PETITIONERS

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(BY SRI SHREEDHAR G. BIDRE, ADVOCATE FOR SRI RAGHAVENDRA G. GAYATRI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS BANGALORE - 560 001

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THE DEPUTY COMMISSIONER, BELGAVI DISTRICT BELGAVI - 590 001

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY BAUXITE ROAD KUMARASWAMY LAYOUT BELAGAVI - 590 001

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…RESPONDENTS

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(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

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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 15/09/2025 (VIDE ANNEXURE-J) 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, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:11015-DB WP No. 4952 of 2026

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HC-KAR

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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Issue notice. The learned Additional Government Advocate accepts notice for the respondents.

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The petitioners have filed the present petition, inter alia , praying as under:

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"a. Issue writ of Mandamus or any other writ directing the respondent to consider the application dated 15.09.2025 (vide ANNEXURE-J ) and communicate the fine amount payable for conversion in accordance with Rule 107 of the Karnataka Land Revenue Rules, 1966 to the petitioner.

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b. Issue a Writ of Mandamus or any other order or any other writ or direction directing the Respondent No.2 to consider the application dated 01.09.2025 (vide ANNEXURE-H) and to pass an order of deemed conversion in terms of the provision encarved under sub-section (9) of Section 95 of the Karnataka Land Revenue Act, 1964."

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The petitioners state that they are the absolute owners of the

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lands falling in Survey No.160/1 and 160/2 situated at Badasinam Village, Belgavi Taluk, Belgavi District. The petitioners proposed to carry out quarrying operations for mining laterite from the land to the extent of 12 acres out of 16 acres and 5 guntas. They claim

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4 - NC: 2026:KHC:11015-DB WP No. 4952 of 2026

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HC-KAR

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that they entered into an irrevocable agreement on 29.06.2021 with Swarna Aditya Gold Refinery and Resources Private Limited for completing the documentation and legal work for setting up the operations for mining laterite.

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On 08.09.2021, the said company made an application to declare the land as falling in safe zone and sought a quarrying licence in Form AQL. Pursuant to the said application, respondent No.3 sent communications to the concerned revenue and forest officials for their NOC and a joint survey. On 01.09.2025, the said company also filed an application under Section 95(9) of the Karnataka Land Revenue Act, 1964 for deemed conversion of the subject land. Subsequently, it also sought information regarding the amount payable under Rule 107 of the Karnataka Land Revenue Rules, 1966.

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The petitioners claim that their applications have not been considered as yet.

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In view of the above, we allow the present petition and direct the respondents to consider the petitioners' applications dated 01.09.2025 as well as 15.09.2025 and communicate the decision

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NC: 2026:KHC:11015-DB WP No. 4952 of 2026

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HC-KAR

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as expeditiously as possible, and preferably within a period of eight

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weeks from date.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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