SRI. VENKATESH K v. THE DEPUTY COMMISSIONER

(BY SRI. V.S. KALASURMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE LAND BEARING SY.NO. 1/4 MEASURING 1.60 ACRES VIDE ANNEXURE–A SITUATED AT KONDANAYAKANAHALLI VILLAGE, TQ: HOSAPETE, DIST: VIJAYANAGAR IS DEEMED TO HAVE BEEN - 2 - NC: 2025:KHC-D:3678 WP No. 103034 of 2024 CONVERTED BY VIRTUE OF SECTION 95 OF THE KARNATAKA LAND REVENUE ACT AND ETC. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1. The petitioners are before this Court seeking for the following reliefs; a. Declare land bearing Sy.No. 1/4 measuring 1.60 Acres vide Annexure–A situated at Kondanayakanahalli village, Tq: Hosapete, Dist: Vijayanagar is deemed to have been converted by virtue of Section 95 of the Karnataka Land Revenue Act. b. Grant such other reliefs’ as this Hon’ble court deems fit under the circumstances of the present case including an order for costs may kindly be passed in the interest of justice and equity.

2. The contention of the petitioners is that an application having been filed by the petitioners for conversion of land belonging to petitioners in Sy.No.1/4 measuring 1.60 acres situated at Kondanayakanahalli village, Tq: Hosapete, Dist: Vijayanagar, has not been considered within the time frame and as such, the deeming provision under Section 95 of the Karnataka Land Revenue Act (hereinafter referred to as ‘the Act’ for brevity), would come into effect making the - 3 - NC: 2025:KHC-D:3678 WP No. 103034 of 2024 application deemed to have been allowed by the Deputy Commissioner.

3. A perusal of the application and the transaction report in pursuance of said online application produced at Annexure-B would indicate that insofar as taluka caseworker, Tahasildar office, Deputy Commissioner’s office, DD Mines, Forest Department, Fire Department, Assistant Commissioner’s office, Municipality, Panchayat Department, Pollution Control Board, Public Works Department, Coastal Regulation Zone, Land Acquisition Authority, action has not been taken despite the application having been filed long ago on

05.02.2024. Insofar as the Urban Department recommendation is concerned, the recommendation given by said department on 08.02.2024 is for rejection of the application. Hence, these details were available to the petitioners.

4. When petitioners were recommendation the Urban Development Department for rejection of the application of the - 4 - NC: 2025:KHC-D:3678 WP No. 103034 of 2024 petitioners. In the present matter the claim of the petitioners being solely on the basis of the petitioners’ land coming within the urban area and part of development plan, it was for the petitioners to have verified the same and obtain necessary information, and challenge recommendation or give a representation as regards the said rejection. The same not having been done, I am of the considered opinion that the deeming fiction cannot be attracted to the present facts.

5. Insofar as other departments mentioned above, who have not taken any action, it would be for the Chief Secretary to issue necessary directions to all those departments to take action within the time frame as prescribed under Section 95 of the Act. Not taking any action and sitting on the file, would require the concerned departmental head to initiate necessary proceedings for misconduct against those officers.

6. Necessary reminder based system would also have to be implemented in the online application form so that - 5 - NC: 2025:KHC-D:3678 WP No. 103034 of 2024 the concerned officers are informed as regards the timeline in which they have to respond and if no response is furnished by them within the stipulated time frame, it would amount to misconduct requiring necessary proceedings being initiated including that under The Karnataka Sakala Services Act, 2011 As amended by (Amendment) Act, 2014.

7. In the present matter as indicated above, the Urban Development Department having recommended to reject the application, the deeming fiction would not be applicable.

8. Though the submission of Sri G.I.Gachchinamath., learned counsel for the petitioner is that the final order has not been passed by Deputy Commissioner, therefore bringing into force the deeming fiction, I am of the considered opinion that the Urban Development Department having recommended for rejected of the application the deeming fiction would not be attracted.

9. The Deputy Commissioners would also have to pass necessary orders within the strict timeframes now - 6 - NC: 2025:KHC-D:3678 WP No. 103034 of 2024 fixed under Section 95 of the Act and upload the reasoned order on the online portal linked to the application made. Since the time frame has been reduced from 120 days to 30 days and as such, the officers would have to be on their toes and take necessary action within the timeframe prescribed. Failing which, the Principal Secretary, Revenue Department and or the Chief Secretary would have to take necessary action.

10. The online application form would also have to make necessary provision for incorporating the concerned documents relating to the application. For example if the land is within the Urban Development Authorities’ jurisdiction, the development plan sanctioned for that area should be automatically incorporated into the application. If the concerned property is a forest land, the necessary notification relating to the forest land and or other documents should be incorporated in the portal. If the land comes under any restriction on account of CRZ notification being a coastal land, those notification should also be incorporated automatically - 7 - NC: 2025:KHC-D:3678 WP No. 103034 of 2024 into the online application form, all the necessary information furnished by the applicant as also all the necessary details required to be furnished by the concerned officers as also the necessary document required to be taken into consideration by the Deputy Commissioner should be made available on the said portal along with the applicable primary legislation, subordinate legislation, executive legislation, rules bye laws, circulars, notification etc.,.

11. A report of the Chief Secretary and the Principal Secretary, Revenue Department to be filed in respect of the above direction and observations within 4 weeks from today.

12. In view of my above finding, I pass the following: ORDER Writ petition is disposed of. Liberty is reserved to the petitioners to file a fresh application accompanied by all necessary documents. i) ii) - 8 - NC: 2025:KHC-D:3678 WP No. 103034 of 2024 iii) The concerned officers are directed to discharge their respective duties within the time frame prescribed under Section 95 of the Act and not disregard or ignore the application. If they have no comments and or if they have no objection, necessary entries would have to be made by those officers. iv) The Principal Secretary, e-Government Department, is also directed to assist the Chief Secretary and the Principal Secretary, Revenue Department in this regard. v) Though the above petition is disposed Re-list on

28.03.2025 for filing of compliance affidavit. vi) In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 8