S. SHANTHA v. THE STATE OF KARNATAKA

(BY SRI. A. SHIVAKUMAR, ADVOCATE) AND:

1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU-560 001.

2. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, MINI VIDHANA SOUDHA, …PETITIONER - 2 - NC: 2026:KHC:9628 WP No. 4355 of 2026 C/W WP No. 4033 of 2026 WP No. 4198 of 2026 HC-KAR NEAR AMMANI KERE, TUMKURU-572 127.

3. THE ADDL. DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, MINI VIDHANA SOUDHA, NEAR AMMANI KERE, TUMKURU DISTRICT-572 127.

4. THE TAHSILDHAR, TAHSILDHAR OFFICE, MADHUGIRI TALUK, TUMKURU DISTRICT-572 127. (BY SRI. K.P. YOGANNA, AGA) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NO.2 TO ISSUE A CERTIFICATE OF CONVERSION AS PER SECOND PROVISO TO CLAUSE (ii) OF SUB-SECTION (2) OF SECTION 95 OF THE KARNATAKA LAND REVENUE (AMENDMENT ACT), ACT, 2023 IN RESPECT OF LAND BEARING SY.NO.28/1A4 MEASURING 3 ACRES 13.4 GUNTAS, SITUATED AT VITALAPURA VILLAGE, AI D HALLI HOBLI, MADHUGIRI THE TALUK, APPLICATION DATED 18.02.2025 FILED BY THE PETITIONER BEARING AFFIDAVIT ID NO.961379 AND LAND CONVERSION ID NO.749427. THE APPLICATION DATED 18.02.2025 IS HEREWITH FURNISHED AND MARKED AS ANNEXURE-A. TUMAKURU DISTRICT, PURSUANT TO IN WP NO. 4033/2026 BETWEEN: V J HANUMANTHAPPA SON OF JULAPPA, AGED ABOUT 66 YEARS, VITALAPURA, MADHUGIRI TALUK, I D HALLI HOBALI, VTC: CHIKKADALAVATTA, HC-KAR TUMKURU DISTRICT, KARNATAKA-572 127. - 3 - NC: 2026:KHC:9628 WP No. 4355 of 2026 C/W WP No. 4033 of 2026 WP No. 4198 of 2026 ...PETITIONER (BY SRI. A. SHIVAKUMAR, ADVOCATE) AND:

1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU-560 001.

2. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER MINI VIDHANA SOUDHA, NEAR AMMANI KERE, TUMKURU-572 127.

3. THE ADDL. DEPUTY COMMISSIONER. OFFICE OF THE DEPUTY COMMISSIONER, MINI VIDHANA SOUDHA, NEAR AMMANI KERE, TUMKURU DISTRICT-572 127.

4. THE TAHSILDHAR, TAHSILDHAR OFFICE, MADHUGIRI TALUK, TUMKURU DISTRICT-572 127. (BY SRI. K.P. YOGANNA, AGA) ...RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE ISSUE A CERTIFICATE OF RESPONDENT NO.2 TO CONVERSION AS PER SECOND PROVISO TO CLAUSE (ii) OF SUB-SECTION (2) OF SECTION 95 OF THE KARNATAKA LAND REVENUE (AMENDMENT ACT), ACT, 2023 IN RESPECT OF LAND BEARING SY.NO.28/1A3 MEASURING 3 ACRES 13.4 - 4 - NC: 2026:KHC:9628 WP No. 4355 of 2026 C/W WP No. 4033 of 2026 WP No. 4198 of 2026 HC-KAR GUNTAS, SITUATED AT VITALAPURA VILLAGE, AI D HALLI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT, PURSUANT TO THE APPLICATION DATED 18.02.2025 FILED BY THE PETITIONER BEARING AFFIDAVIT ID NO.961383 AND LAND CONVERSION ID NO.749430. THE APPLICATION DATED 18.02.2025 IS HEREWITH FURNISHED AND MARKED AS ANNEXURE-A. ...PETITIONER IN WP NO. 4198/2026 BETWEEN: V J HANUMANTHAPPA SON OF JULAPPA, AGED ABOUT 66 YEARS, VITALAPURA, MADHUGIRI TALUK, I D HALLI HOBALI, VTC: CHIKKADALAVATTA, TUMKURU DISTRICT, KARNATAKA-572 127. (BY SRI. A. SHIVAKUMAR, ADVOCATE) AND:

1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU-560 001.

2. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER MINI VIDHANA SOUDHA, NEAR AMMANI KERE, TUMKURU-572 127.

3. THE ADDL. DEPUTY COMMISSIONER. OFFICE OF THE DEPUTY COMMISSIONER, TUMKURU DISTRICT-572 127. - 5 - NC: 2026:KHC:9628 WP No. 4355 of 2026 C/W WP No. 4033 of 2026 WP No. 4198 of 2026 HC-KAR

4. THE TAHSILDHAR, TAHSILDHAR OFFICE, MADHUGIRI TALUK, TUMKURU DISTRICT-572 127. (BY SRI. K.P. YOGANNA, AGA) ...RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE ISSUE A CERTIFICATE OF RESPONDENT NO.2 TO CONVERSION AS PER SECOND PROVISO TO CLAUSE (ii) OF SUB-SECTION (2) OF SECTION 95 OF THE KARNATAKA LAND REVENUE (AMENDMENT ACT), ACT, 2023 IN RESPECT OF LAND BEARING SY.NO.28/1A7 MEASURING 1 ACRES 26.8 GUNTAS, SITUATED AT VITALAPURA VILLAGE, AI D HALLI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT, PURSUANT TO THE APPLICATION DATED 18.02.2025 FILED BY THE PETITIONER BEARING AFFIDAVIT ID NO.961368 AND LAND CONVERSION ID NO.749425. THE APPLICATION DATED 18.02.2025 IS HEREWITH FURNISHED AND MARKED AS ANNEXURE-A. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS COMMON ORAL ORDER Learned Additional Government Advocate submits that he has received the copy of the writ petition.

2. The petitioners are aggrieved of the fact that the applications under Clause (ii) of Sub-Section (2) of - 6 - NC: 2026:KHC:9628 WP No. 4355 of 2026 C/W WP No. 4033 of 2026 WP No. 4198 of 2026 HC-KAR Section 95 of the Karnataka Land Revenue Act, 1964 (for short 'Act') filed on 18.02.2025 before the 2nd respondent- Deputy Commissioner, Tumkuru District, have not been considered and no orders have been passed by the Deputy Commissioner either converting the lands or rejecting their applications.

3. Learned counsel for the petitioners submits that this Court in WP No.106009-106010/2018 (at Dharwad Bench), by order dated 14.11.2019 has held that having regard to the deeming provision contained in Sub-Section 5 of Section 95 of the Act, it is a settled position that if no orders are passed by the Deputy Commissioner within the time frame as provided in the said provision, there shall be a deemed order of conversion. Subsequently, there has been an amendment brought to the provision and a co- ordinate bench of this Court in the case of M/s Aayana Renewable Power Six Private Limited v. The Deputy Commissioner, Gadag District WP No.100422/2025 (Dharwad Bench), by order dated - 7 - NC: 2026:KHC:9628 WP No. 4355 of 2026 C/W WP No. 4033 of 2026 WP No. 4198 of 2026 HC-KAR

23.01.2025 has considered the amended provision where earlier four months time were provided for the Deputy Commissioner to pass necessary orders, the same has been reduced to 30 days and the Co-ordinate Bench having considered the said aspect to the matter has held that since no orders were passed by the Deputy Commissioner within the time frame as provided in the provision, there shall be a deemed order of conversion. Learned counsel prays for similar orders.

4. Having regard to the fact that the applications were filed by the petitioners on 18.02.2025 i.e., after the amendment and the time frame provided for the Deputy Commissioner to pass necessary orders being 30 days, here is a case where the deeming provision would definitely apply. Consequently, this Court proceeds to pass the following: ORDER i. The writ petitions are allowed. - 8 - NC: 2026:KHC:9628 WP No. 4355 of 2026 C/W WP No. 4033 of 2026 WP No. 4198 of 2026 HC-KAR ii. A mandamus is issued in all three writ petitions directing respondent No.2-Deputy Commissioner to issue a Certificate of Conversion to the petitioners namely Smt. S.Shantha WP No.4355/2026 Sri V.J.Hanumanthappa in connected writ petitions i.e., WP No.4033/2026 and WP No. 4198/2026 for the lands bearing Sy.No.28/1A4 measuring 3 acres 13.4 guntas, Sy.No.28/1A3 measuring 3 acres 13.4 guntas and Sy.No.28/1A7 measuring 1 acres 26.8 guntas respectively situated at Vitalapura village, AI D Halli Hobli, Madhugiri Taluk, Tumakuru District, within a period of three weeks from today on receipt of the fee payable for such conversion. iii. Respondent No.2 shall communicate the amount required to be paid by all the petitioners within a period of 7 days from today, the payment to be made within 3 days thereafter and the Certificate to be issued within 7 days thereafter. - 9 - NC: 2026:KHC:9628 WP No. 4355 of 2026 C/W WP No. 4033 of 2026 WP No. 4198 of 2026 HC-KAR iv. The grant of the Certificate shall be subject to the compliances and adherences, if any, required to be made by the petitioners in terms of the applicable law. Sd/- (R DEVDAS) JUDGE TL List No.: 1 Sl No.: 70