Khazamainuddin Imamsab Muchchale v. The District Commissioner

NC:(2025:KHC-D:18688( WP(No.(108063(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA,(AT(DHARWAD( TH DATED(THIS(THE(19 (DAY(OF(DECEMBER,(2025( BEFORE( THE(HON'BLE(MR.(JUSTICE(ANANT(RAMANATH(HEGDE( WRIT(PETITION(NO.(108063(OF(2025((KLR-CON)( BETWEEN:((

KHAZAMAINUDDIN,IMAMSAB,MUCHCHALE,,

AGE.,54,YEARS,,OCC.,BUSINESS,, R/O.,#212,,KARWAR,ROAD,, ARAVIND,NAGAR,,HUBBALLI-580,024., …,PETITIONER, (BY,SRI.,SANKET,S.,AMBALI,,ADVOCATE),

( AND:(

1., THE,DISTRICT,COMMISSIONER,, D.C.,COMPOUND,,DHARWAD-580,001., ,

2., THE,TAHASHILDAR,, KALAGHATAGI,,MINI-VIDHANSOUDHA,, KALAGHATAGI,,DIST.,DHARWAD-581,204.,

,

3., THE,REVENUE,INSPECTOR,, KALAGHATAGI,,MINI-VIDHANSOUDHA,, KALAGHATAGI,,DIST.,DHARWAD-581,204., …,RESPONDENTS,

(BY,SMT.,MALA,B.,BHUTE,,ADVOCATE),,Digitallytisignedtiby CHANDRASHEKAR LAXMAN , KATTIMANI Location:0HIGH , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLES,226,AND,227, COURT0OF KARNATAKA DHARWAD0BENCH OF,THE,CONSTITUTION,OF,INDIA,,PRAYING,TO,ISSUE,WRIT,IN,THE, NATURE, OF, CERTIORARI/ORDER/DIRECTION, OF, APPROPRIATE, NATURE, AND, SET, ASIDE, THE, IMPUGNED, ENDORSEMENT, ORDER, DATED, 29.07.2024, BEARING, APPLICATION, NO.691329, ISSUED, BY, RESPONDENT,NO.1,ANNEXED,AS,ANNEXURE-A,,AND,CONSEQUENTLY, DIRECT, THE, RESPONDENT, NO.1, TO, ISSUE, THE, PERMISSION, FOR, DIVERSION,OF,R.SY.,NO.94/*/A,SITUATED,AT,CHALAMATTI,VILLAGE,, DHUMMAWAD, HOBLI,, KALAGHATAGI, TALUK,, DHARWAD, DISTRICT,, FOR,NON-AGRICULTURE,(COMMERCIAL),PURPOSE,AT,THE,EARLIEST;, ISSUE, WRIT, IN, THE, NATURE, OF, MANDAMUS/ORDER/DIRECTION, OF, APPROPRIATE, NATURE, TO, HOLD, APPROPRIATE, ENQUIRY, AGAINST, THE, OFFICERS, RESPONSIBLE, FOR, THE, ILLEGALITY;, DIRECT, THE,

RESPONDENTS TO PAY THE COST OF THIS PETITION TO THE PETITIONER AND ETC.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

This petition is filed seeking direction to the Deputy Commissioner for conversion of land use on the premise that the petitioner's application for conversion is not answered within 30 days from the date of the application. The petition is also filed to quash Annexure-A, the alleged endorsement dated 27.09.2024.

¶2The petitioner claims that he filed application on

29.07.2024 seeking conversion of land use. It is the contention that on that day there was no order rejecting the petitioner's application, however same is said to have been rejected on the same day vide Annexure-A. It is submitted that Annexure-A dated 27.09.2024 is antedated.

¶3Respondents were directed to respond to the allegation.

¶4The Deputy Commissioner has issued the endorsement and the same is produced along with the memo

dated 17.12.2024. The said endorsement would reveal that the petitioner's application was rejected on 27.12.2024. Admittedly, the rejection is after 30 days from the date of the application.

¶5Under proviso to Section 95(2) (ii) of the Karnataka Land Revenue Act, 1964, if the application for conversion of land use not is considered within 30 days, it is deemed that the land is converted for non-agricultural use.

¶6From the facts which is brought to the notice of the Court, it is apparent that Annexure-A is antedated as the memo is produced stating that application is rejected on 27.12.2024. It is noticed that Annexure-A produced by the petitioner is not disputed by saying that endorsement is not generated from the official website.

¶7This being the position, the Court has to take strong exception to the manner in which the Deputy Commissioner has issued the endorsement at Annexure-A. The Court initially was inclined to impose a cost of Rs.25,000/- on the Deputy Commissioner. However, same is not done by taking a lenient

view recording a strong disapproval for the manner in which such endorsement at Annexure-A is issued.

¶8For the reasons recording, impugned Annexure-A has to be quashed and accordingly quashed.

¶9Hence, the following: ORDER i. The petition is allowed. ii. Impugned endorsement dated 29.07.2024 at Annexure-A passed by the respondent is quashed. iii. The respondent-Deputy Commissioner shall issue necessary conversion certificate/order after collecting if any legally payable charges relating to conversion. iv. The conversion certificate shall be issued within 30 days from the date of receipt of copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 9