Sri. B S Raviprakash Singh v. The State of Karnataka

NC:(2025:KHC-D:16420-DB( WA(No.(100604(of(2023( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA,(AT(DHARWAD( THDATED(THIS(THE(26 (DAY(OF(NOVEMBER,(2025( PRESENT( THE(HON'BLE(MR.(JUSTICE(S(G(PANDIT( (AND(( (THE(HON'BLE(MRS(JUSTICE(GEETHA(K.B.( WRIT,APPEAL,NO.,100604,OF,2023,(KLR-CON), BETWEEN:((

1., SRI.,B.S.,RAVIPRAKASH,SINGH,, S/O.,LATE,SUBBARAJ,SINGH,, AGED,ABOUT,60,YEARS,, THR/O.,NO.175/B-1,,16 ,WARD,, BASVESHWARA,EXTENSION,,HOSAPETE-583201,, VIJAYANAGAR,DISTRICT., ,

2., SRI.,B.S.,ASHOK,SINGH, S/O.,LATE,SUBBARAJ,SINGH,, AGED,ABOUT,58,YEARS,, THR/O.,NO.175/B-1,,16 ,WARD,,,

BASVESHWARA,EXTENSION,, HOSAPETE-583201,,VIJAYANAGAR,DISTRICT., …APPELLANTS, MOHANKUMAR (BY,SRI.,H.R.,GUNDAPPA,,ADVOCATE), B0SHELAR , Digital ytisignedtiby MOHANKUMAR0B SHELAR AND:( Location:0HIGH0COURT OF0KARNATAKA DHARWAD0BENCH

1., THE,STATE,OF,KARNATAKA,, DEPARTMENT,OF,REVENUE,, M.S.,BUILDING,,AMBEDKAR,VEEDHI,, BENGALURU-560001., R/BY,ITS,PRINCIPAL,SECRETARY., ,

2., THE,DEPUTY,COMMISSIONER,, BALLARI,DISTRICT,, D.C.,COMPOUND,,BALLARI-583101., , , NC:(2025:KHC-D:16420-DB( WA(No.(100604(of(2023( ( , ,,HC-KAR( ( (

3., THE,ASSISTANT,COMMISSIONER,, HOSAPETE,SUB-DIVISION,, HOSAPETE,,TQ.,HOSAPETE,,, DIST.,BALLARI-583201., ,

4., THE,TAHSILDAR,,HOSAPETE, TQ.,HOSAPETE-583201., ,

5., INDIA,SUGARS,AND,REFINERIES,LIMITED,, HAVING,ITS,REGISTERED,OFFICE, AT,CHITTAWADGI-583211, TQ.,HOSAPETE,,DISTRICT,BALLARI., R/BY,ITS,MANAGER-GODOWNS,, MR.,SHARNAPPA,ANKAD., , …RESPONDENTS, , (BY,SRI.,SHARAD,V.,MAGADUM,,AGA,FOR,R1-R4;, SRI.,SHIVARAJ,S.,BALLOLI,,ADVOCATE,FOR,R5), , , THIS,WRIT,APPEAL,IS,FILED,UNDER,SEC.4,OF,KARNATAKA, HIGH, COURT, ACT,, 1961,, PRAYING, TO, SET, ASIDE, THE, IMPUGNED,ORDER,PASSED,BY,THE,HON'BLE,SINGLE,JUDGE,IN, W.P.NO.102026/2021, (KLR-CON), DATED, 20/04/2022, IN, THE, ENDS,OF,JUSTICE,AND,EQUITY., , , THIS, WRIT, APPEAL, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,JUDGMENT,WAS,DELIVERED,THEREIN,AS, UNDER:, CORAM:, THE,HON'BLE,MR.,JUSTICE,S,G,PANDIT, ,AND,, ,THE,HON'BLE,MRS,JUSTICE,GEETHA,K.B., (

ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT)

This appeal by non-parties to the writ petition, is filed under Section 4 of the Karnataka High Court Act, 1961, questioning the order dated 20.04.2022 passed in WP No.102026/2021, wherein the learned Single Judge allowed the writ petition filed by respondent No.5, directing the Deputy Commissioner, Ballari to issue an order granting permission to the petitioner for use of the land for non-agricultural purposes after collecting the necessary conversion fee and on completion of other formalities.

¶2Heard the learned counsel Sri.H.R. Gundappa for the appellants; learned counsel Sri. Shivaraj S Balloli for respondent No.5 and learned AGA Sri. Sharad V Magadum for respondents No.1 to 4. Perused the entire writ appeal papers.

¶3Learned counsel Sri. H.R. Gundappa for the appellants would submit that the appellants are the owners of land in Sy.No.275/F1 and F3. It is the apprehension of

the appellants that respondent No.5 has no approach road and therefore, it may form road in the land of the appellants. Therefore, learned counsel Sri. H.R. Gundappa would submit that the appellants are opposing the conversion of land of respondent No.5.

¶4Along with appeal, the appellants have filed IA No.2/2023 seeking permission to prosecute the appeal and also IA No.1/2023 to condone the delay of 50 days in filing the appeal.

¶5Be that as it may. The appellants have no locus to challenge the order of learned Single Judge, whereunder the conversion of 5th respondent's land is directed to be granted. On mere apprehension that on conversion of 5th respondent's land, 5th respondent may form road in the appellants' land, the appellants cannot oppose the conversion. The appellants have civil remedy to protect their right by approaching the Civil Court, if respondent No.5 attempts to form road in the appellants' land.

¶6Moreover, learned counsel Sri. Shivaraj S Balloli for respondent No.5 would submit that OS No.30/2020 between the appellants and respondent No.5 is pending consideration before the learned Prl. Civil Judge and JMFC, Hosapete. In that view of the matter, the writ appeal stands rejected. In view of rejection of the appeal, the question of considering the IAs would not arise and accordingly, they are disposed of.

Sd/- (S G PANDIT) JUDGE

Sd/- (GEETHA K.B.) JUDGE

JTR CT:VP LIST NO.: 1 SL NO.: 23