Writ Petition No. 5893 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:15590 WP No. 5893 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5893 OF 2025 (KLR-RES) BETWEEN: 1. SRI. SRINIVASRAJU N S/O.NARAYANASWAMY RAJU AGED ABOUT 51 YEARS R/O FLAT NO.406, COMFORT FLORA, NO.134/3A 3B, 4TH CROSS, 5TH AND 6TH MAIN, NEAR AYYAPPA TEMPLE, VIJAYA BANK LAYOUT, BILEKAHALLI, BANGALORE 560 076 2. SRI.C.S.CHANDRASHEKAR RAJU S/O.LATE C.SRINIVASA RAJU AGED ABOUT 43 YEARS R/ NO.134/3A, 1 MAIN, 1ST CROSS, VIJAYA BANK LAYOUT, BILEKAHALLI, BANNERGHATTA ROAD, BANGALORE 560 076 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA 3. SRI.C.S.GIRISH RAJU S/O.LATE.C.SRINIVASA RAJU AGED ABOUT 41 YEARS R/O NO.134/3A, 1ST MAIN, 1ST CROSS, VIJAYA BANK LAYOUT, BILEKAHALLI, BANNERGHATTA ROAD, BANGALORE 560 076 4. SRI.HARISH RAJU C.S S/O LATE C.SRINIVASA RAJU AGED ABOUT 38 YEARS R/O NO.134/3A, 1ST MAIN, 1ST CROSS, VIJAYA BANK LAYOUT, BILEKAHALLI, BANNERGHATTA ROAD, BANGALORE 560 076 (BY SRI. VENKATESHA T S., ADVOCATE) …PETITIONERS - 2 - NC: 2025:KHC:15590 WP No. 5893 of 2025 AND: 1. THE STATE OF KARNATAKA SECRETARY REVENUE DEPARTMENT MULTISTORIED BUILDING BANGALORE-560001 2. THE PRINCIPAL SECRETARY DEPARTMENT OF STAMPS AND REGISTRATION MULTISTORIED BUILDING BANGALORE-560001 3. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU-572101 4. THE ADDITIONAL DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU-572101 5. THE TAHSILDAR PAVAGADA TALUK TUMAKURU -572101 6. THE REVENUE INSPECTOR KASABA HOBLI, PAVAGADA TALUK TUMAKURU-572101
Legal Reasoning
(BY SRI. V.SHIVA REDDY., AGA) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS WHICH LED TO REJECTION OF APPLICATION NO.732944 DATED 10.12.2024 (12.10.2024 MM/DD/YYYY) FOR CONVERSION TO COMMERCIAL PURPOSE WITH RESPECT TO LAND BEARING SY NO.236/*/3 IN DISTRICT TUMAKURU, TALUK PAVAGADA, HOBLI KASABA, VILLAGE VIRUPASAMUDRA (ANNX-M5) IN SO FAR AS IT RELATES TO THE PETITIONER, ETC. - 3 - NC: 2025:KHC:15590 WP No. 5893 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners are challenging the order of the Deputy Commissioner, by which, the Deputy Commissioner has refused to grant permission to use the land bearing Sy.No.236/3 situate at Virupasamudra Village, Kasaba Hobli, Pavagada Taluk, Tumakuru District, for non-agricultural purpose i.e., commercial purpose, for setting up a Retail Petroleum Outlet. 2. It is the case of the petitioners that notification had been issued calling for applications for being appointed as Retail Outlet dealers of Bharat Petroleum Corporation Limited (“BPCL” for short). Smt.Kalakonda Vinitha, their lessee intended to make an application and therefore, she requested the petitioners to execute the Lease Deed since it was one of the essential conditions of the notification - 4 - NC: 2025:KHC:15590 WP No. 5893 of 2025 that an applicant must possess suitable land under lawful authority to set up a Retail Petroleum outlet. The petitioners submit that they agreed to said request and executed a registered Lease Deed on 25.09.2023 in favour of Smt.Kalakonda Vinitha. 3. The petitioners also submit that BPCL, on examination of Smt.Kalakonda Vinitha’s application found that she was eligible for allotment of dealership to set up a Retail Petroleum Outlet and accordingly granted her allotment. 4. It is stated that the petitioners, being the owners of land, had thereafter made an application to the Deputy Commissioner as contemplated under Section 95 of the Karnataka Land Revenue Act seeking his permission to use their land for non-agricultural purpose i.e., commercial purpose for setting up a Retail Petroleum Outlet by Smt.Kalakonda Vinitha, but the Deputy Commissioner has rejected the said application on the ground that the lease created by - 5 - NC: 2025:KHC:15590 WP No. 5893 of 2025 the petitioners in favour of Smt.Kalakonda Vinitha was in contravention of Section 5 of the Karnataka Land Reforms Act, 1961 (“the Act”, for short) and therefore, the permission for conversion of land cannot be granted. 5. The petitioners are, therefore, before this Court contending that this denial of their request to use their land for commercial purpose i.e., for setting up a Retail Petroleum Outlet is illegal. 6. It is contended by the petitioners that the reasoning of the Deputy Commissioner that the lease that they had created in favour of Smt.Kalakonda Vinitha was in contravention of Section 5 of the Act is misconceived and consequently, the rejection of their request would be illegal. 7. Section 5 of the Act reads as under: “[5. Prohibition of leases, etc.—(1) Save as provided in this Act, after the date of commencement of the Amendment Act, no tenancy shall be created or continued in respect of any land - 6 - NC: 2025:KHC:15590 WP No. 5893 of 2025 nor shall any land be leased for any period whatsoever. [(2) Nothing in sub-section (1) shall apply to,— (a) a tenancy created or continued by a soldier or seaman if such tenancy is created or continued while he is serving as a soldier or a seaman or within three months before he became a soldier or a seaman. (b) to any land leased after the commencement of the Karnataka Land Reforms (Amendment) Act, 1995 in the districts of Uttara Kannada and Dakshina Kannada by land owners or persons registered as occupants under the provisions of this Act for the purpose of utilising the land for acquaculture for a period not exceeding twenty years, at such lease rent as may be determined by mutual agreement between the parties and such agreement shall be registered and a copy thereof shall be sent to the Deputy Commissioner within fifteen days from the date of such registration.] (3) Every lease [created] under sub-section (2) shall be in writing.]” 8. As could be seen from the above provision, the prohibition is for creation of tenancy in respect of any land. - 7 - NC: 2025:KHC:15590 WP No. 5893 of 2025 9. The term “tenancy” has been defined under Section 2(33) of the Act to mean the relationship of landlord and tenant. 10. The term “land” has been defined under Section 2(18) of the Act1 as agricultural land that is to say the land which is used or capable of being used for agricultural purposes or purposes subservient thereto and it specifically states that it does not include house-sites or land used exclusively for non- agricultural purposes. 11. A conjoint reading of both the terms i.e, “tenancy” and “land”, keeping in mind the provisions of the Act makes it clear that they are essentially in relation to agricultural lands and consequently, the bar under Section 5 of the Act is only for creating agricultural leases. A land which is capable of being used for for agricultural purposes or purposes subservient 1 “Land” means agricultural land, that is to say, land which is used or capable of being used includes horticultural land, forest land, garden land, pasture land, plantation and tope but does not include house-site or land used exclusively for non-agricultural purposes; thereto and - 8 - NC: 2025:KHC:15590 WP No. 5893 of 2025 non-agricultural purposes could be leased even though it is an agricultural land. 12. To put it differently, there is no bar for agricultural land to be leased for the purposes of being used for non-agricultural purposes and the only bar is for agricultural land to be leased for agricultural purposes. This aspect of the matter has not been noticed by the Deputy Commissioner at all. 13. It is to be noticed here that setting up of a Retail Petroleum Outlet along the Highways, which normally abuts the agricultural land, is in the larger interest of public and if a small portion of agricultural land which abuts highway is to be used for setting up of a Retail Petroleum Outlet, the provisions of the Land Reforms Act cannot be used to nullify this intent. 14. The Land Reforms Act was enacted basically to ensure that interest of farmers in utilizing the land should be safeguarded and attempt should not be made to perpetuate an agricultural tenancy since this - 9 - NC: 2025:KHC:15590 WP No. 5893 of 2025 would amount to exploiting weak and poor farmers. The provisions of the Act cannot therefore be used as a shield to stop genuine transactions which would help the farmers to utilize their lands. So long as the lands are not being used for agricultural purposes through creation of tenancy, the intent of the Land Reforms Act would not be defeated. 15. It is therefore clear that the order of the Deputy Commissioner is clearly unsustainable and is against the interest of public at large. Consequently, the order rejecting the petitioners’ request by the Deputy Commissioner on the ground that it contravenes Section 5 of the Act cannot be sustained and the same is therefore quashed. 16. The Deputy Commissioner is directed to consider the request/application of the petitioners and accord permission within a period of two months from the date of receipt of a copy of this order, to use the land measuring 1 acre in Sy.No.236/3 situate at - 10 - NC: 2025:KHC:15590 WP No. 5893 of 2025 Virupasamudra Village, Kasaba Hobli, Pavagada Taluk, Tumakuru District, for non-agricultural purpose i.e., commercial purpose, for setting up a Retail Petroleum Outlet, without reference to Section 5 of the Act, if there are no other reasons to reject the petitioners’ request. Sd/- (N S SANJAY GOWDA) JUDGE PKS, List No.: 1 Sl No.: 70.