SMT. BASIREDDY PRASHANTHI v. THE DEPUTY COMMISSIONER
Case at a glance
Outcome
Allowed
Writ petition is allowed
Provisions considered
- Constitution of India arts. 226, 227
- Karnataka Land Reforms Act, 1964 s. 95
Key paragraphs
- Para 44. In that view of the matter, I pass the following: ORDER i. Writ petition is allowed. ii. Mandamus is issued, respondent No.1 to issue a formal conversion order in respect of the - 4 - NC: 2025:KHC-D:836 WP No. 107661 of 2024 land bearing…
Judgment
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107661 OF 2024 (KLR-CON) BETWEEN: SMT. BASIREDDY PRASHANTHI, W/O. THIRUPATIREDDY, AGE: 59 YEARS, OCC: AGRICULTURE & HOUSEHOLD, R/O. PRASHANTHI NILAYAM, SAMPIGE NAGAR, DHARWAD-08. (BY SMT. NANDINI B. SOMAPUR, ADVOCATE FOR SRI. B.V. SOMAPUR, ADVOCATE) AND:
THE DEPUTY COMMISSIONER, DHARWAD, DIST: DHARWAD-580001. …PETITIONER
THE TAHASHILDAR, DHARWAD-580001. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS MORE PARTICULARLY RESPONDENT NO.1 TO ISSUE FORMAL CONVERSION ORDER IN RESPECT OF LAND BEARING SY.NO.79/2 MEASURING 2 ACRES 14 GUNTAS (‘A’ KHARAB 14 GUNTAS IS EXCLUDED) SITUATING AT HIREMALLIGWAD VILLAGE, TALUK AND DISTRICT DHARWAD BY CONSIDERING THE REPRESENTATION OF THE PETITIONER VIDE ANNEXURE-A DATED 25/11/2024 AND ALLOW THE PETITIONER TO DEPOSIT REQUISITE CONVERSION CHARGES AND OTHER CHARGES IF ANY; ISSUE ANY SUCH OTHER WRIT, DIRECTION OR ORDER AS THIS HON’BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUATOR. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: GIRIJA A BYAHATTI GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:836 WP No. 107661 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: a. Issue writ of mandamus directing the Respondents more particularly Respondent No.1 to issue formal conversion order in respect of land bearing Sy.No.79/2 measuring 2 acres 14 guntas (‘A’ Kharab 14 guntas is excluded) situating at Hiremalligwad village, Taluk and District Dharwad by considering the representation of the petitioner vide Annexure-A dated 25/11/2024 and allow the Petitioner to deposit requisite conversion charges and other charges if any; b. Issue any such other writ, direction or order as this Hon’ble court deems fit under the circumstances of the case in the interest of justice and equator.
2. The grievance of the petitioner is that, the online application submitted by the petitioner on 23.07.2024 for conversion of the land of the petitioner in Survey No.79/2 measuring 2 acres 14 guntas situated at Hiremalligwad village, Taluk and district Dharwad, has not been considered and in terms of Sub-Section (5) of Section 95 of the Karnataka Land Reforms Act, 1964, there is deemed conversion of the land after a lapse of 4 months from the date of the application. - 3 - NC: 2025:KHC-D:836 WP No. 107661 of 2024 The application is submitted on 23.07.2024 the period of 4 months having expired on 22.11.2024, it is submitted that a formal order of conversion is required to be issued by the respondents.
There is substance in the submission made by learned counsel for the petitioner inasmuch as any application filed for conversion would have to be considered and disposed of within a period of 4 months. In the present case, the application has neither been considered nor disposed nor any requisition for any additional document was issued by the respondents, thereby making the deemed provision applicable to the application filed by the petitioner.
Operative part
In that view of the matter, I pass the following: ORDER i. Writ petition is allowed. ii. Mandamus is issued, respondent No.1 to issue a formal conversion order in respect of the - 4 - NC: 2025:KHC-D:836 WP No. 107661 of 2024 land bearing Survey No.79/2 measuring 2 acres 14 guntas situated at Hiremalligwad village, Taluk and District Dharwad, upon the petitioner making payment of the applicable fees in relation thereto, within a period of 21 days from date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE CT-MCK List No.: 1 Sl No.: 55
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Writ petition is allowed
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227; Karnataka Land Reforms 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.