SRI. G.R. PRAKASH v. STATE OF KARNATAKA
Case at a glance
Outcome
Allowed
Accordingly, the writ petition is allowed
Provisions considered
- Constitution of India arts. 226, 227
- Karnataka Land Revenue Act, 1964 s. 95
Key paragraphs
- Para 55. Accordingly, the writ petition is allowed. The impugned endorsement at Annexures-M1, M2 and M3 dated
Judgment
1. SRI. G.R. PRAKASH S/O. LATE G.R. RANGANATH AGED ABOUT 64 YEARS, FLAT 408, SMR EMBASSY, 3RD CROSS, RAMA RAO LAYOUT, KATHRIGUPPE, BANASHANKARI 3D STAGE, BANGALORE - 560 085 MOBILE: 98459 95953 E-MAIL: [REDACTED]
2. SMT. G. SAVITHA ALIAS SAVITHA PRAKASH W/O SRI G.R.PRAKASH AGED ABOUT 56 YEARS, FLAT 408, SMR EMBASSY, 3RA CROSS, RAMA RAO LAYOUT, KATHRIGUPPE, BANASHANKARI 3RA STAGE, BANGALORE - 560 085 MOBILE: 94820 8653 E-MAI: [REDACTED] …PETITIONERS (BY SRI. HARISH KUMAR M.S, ADVOCATE FOR MS. SMITHA PRAKASH, ADVOCATE) AND:
STATE OF KARNATAKA Digitally signed by PRIYANKA H M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2026:KHC:10848 WP No. 947 of 2026 HC-KAR BY ITS SECRETARY TO REVENUE DEPARTMENT, MULTI-STORIED BUILDINGS, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001.
THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA - 577 501. E-MAIL: [REDACTED]
THE ASSISTANT COMMISSIONER CHITRADURGA DIVISION, CHITRADURGA - 577 501. E-MAIL: [REDACTED]
THE TAHSILDAR CHALLAKERE TALUK, CHALLAKERE - 577 522. (BY SRI. SHAMANTH NAIK, HCGP) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ENDORSEMENT ORDERS DATED 13.09.2024 ISSUED BY THE R2-DEPUTY COMMISSIONER, CHITRADURGA DISTRICT (ANNX- M1 TO M3) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2026:KHC:10848 WP No. 947 of 2026 HC-KAR CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocates takes notice for respondent Nos.1 to 4. Notice to respondent Nos.5 and 6 is not necessary for the following reasons.
2. The petitioner is aggrieved of the impugned endorsement at Annexure-M series dated 13.09.2024 issued by the Deputy Commissioner, Chithradurga District rejecting the application for conversion filed under Section 95 of the Karnataka Land Revenue Act, 1964 on the ground that the in question measuring total extent 20 acres Sy.Nos.83/4, 83/5, 83/6 of Kyathagondanahalli Village, Thalaku Hobli, Challakere Taluk, Chithradurga District were lands granted to a person belonging to Scheduled Caste/Scheduled Tribe category and therefore the lands could not have been transferred without prior permission of the Government.
3. This Court has held in similar such cases that at this juncture, where the petitioner-khathedar requesting conversion of the lands from agricultural to non-agricultural purposes, the application cannot be rejected and the same - 4 - NC: 2026:KHC:10848 WP No. 947 of 2026 HC-KAR cannot be delayed on the ground that the transaction in respect of the lands are hit by the provisions of the Karnataka SC/ST PTCL Act. The Deputy Commissioner will have to proceed to consider the application and pass necessary orders conversion. It is also permissible for the Deputy Commissioner to direct initiation of suo-motu proceedings at the hands of the Assistant Commissioner, if there is any violation of the provisions of the PTCL Act. In fact the only remedy available for the Deputy Commissioner is to direct initiation of proceedings under the provisions of the Karnataka SC/ST PTCL Act, 1978 (for short 'the PTCL Act, 1978'). However question of rejecting the application for conversion on that ground does not arise and the same is bad in law.
4. It is the contention of the petitioner that the legal representatives of the original grantee upon completion of non- alineation period had sold the lands measuring to an extent of 20 acres in Sy.Nos.83/4, 83/5, 83/6 of Kyathagondanahalli Village, Thalaku Hobli, Challakere Taluk, Chithradurga District, to K.S.Sunil Kumar, K.S.Anil Kumar and Sudhamani vide registered sale deed dated 08.01.2019. Subsequently, - 5 - NC: 2026:KHC:10848 WP No. 947 of 2026 HC-KAR petitioners herein have purchased the said 20 acres of land under the three sale deeds dated 23.02.2023. Now, for the time being, there is no other option for the Deputy Commissioner than to consider the application and pass necessary orders for conversion.
Operative part
Accordingly, the writ petition is allowed. The impugned endorsement at Annexures-M1, M2 and M3 dated
13.09.2024 issued by the Deputy Commissioner, Chithradurga District is hereby quashed and set aside. The Deputy Commissioner shall reconsider the application for conversion filed by the petitioner and pass necessary orders in accordance with law, as expeditiously as possible and at any rate within a period of 6 weeks from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE List No.: 1 Sl No.: 22
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is allowed
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227; Karnataka Land Revenue Act, 1964 — s. 95.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.