Sri G R Prakash v. State of Karnataka

e -e1e-eeeee e e NC:(2026:KHC:10848 WP(No.(947(of(2026 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( STDATED(THIS(THE(21 (DAY(OF(FEBRUARY,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(R(DEVDAS( WRIT(PETITION(NO.(947(OF(2026((SCST-) BETWEEN:(

1., SRI.,G.R.,PRAKASH, S/O.,LATE,G.R.,RANGANATH,, AGED,ABOUT,64,YEARS,, FLAT,408,,SMR,EMBASSY,, 3RD,CROSS,,RAMA,RAO,LAYOUT,, KATHRIGUPPE,,BANASHANKARI,3D,STAGE,, BANGALORE,-,560,085, MOBILE:,98459,95953, E-MAIL:,guraprakash@gmail.com,

2., SMT.,G.,SAVITHA,ALIAS,SAVITHA,PRAKASH, W/O,SRI,G.R.PRAKASH,, AGED,ABOUT,56,YEARS,,, Digitally FLAT,408,,SMR,EMBASSY,, signedtiby 3RA,CROSS,,RAMA,RAO,LAYOUT,,PRIYANKA H0M KATHRIGUPPE,,BANASHANKARI,3RA,STAGE,, BANGALORE,-,560,085,Location: HIGH MOBILE:,94820,8653, COURT0OF E-MAI:,,savithaprakash0409@gmail.com, KARNATAKA …PETITIONERS, (BY,SRI.,HARISH,KUMAR,M.S,,ADVOCATE,FOR, ,,,,,,MS.,SMITHA,PRAKASH,,ADVOCATE), AND:

1., STATE,OF,KARNATAKA, e -e2e-eeeee e e NC:(2026:KHC:10848 WP(No.(947(of(2026 BY,ITS,SECRETARY,TO,REVENUE,DEPARTMENT,, MULTI-STORIED,BUILDINGS,,, DR.,AMBEDKAR,VEEDHI,,, BANGALORE,-,560,001.,

2., THE,DEPUTY,COMMISSIONER, CHITRADURGA,DISTRICT,,, CHITRADURGA,-,577,501., E-MAIL:,deo.chitradurga1@gmail.com,

3., THE,ASSISTANT,COMMISSIONER, CHITRADURGA,DIVISION,,, CHITRADURGA,-,577,501., E-MAIL:,ac.chitradurga1@gmail.com,

4., THE,TAHSILDAR, CHALLAKERE,TALUK,,, CHALLAKERE,-,577,522., …RESPONDENTS, (BY,SRI.,SHAMANTH,NAIK,,HCGP), , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO-SET, ASIDE, THE, ENDORSEMENT, ORDERS, DATED, 13.09.2024, ISSUED, BY, THE, R2-DEPUTY,COMMISSIONER,,CHITRADURGA,DISTRICT,(ANNX-M1,TO,M3),AND,ETC.,, , THIS,PETITION,,COMING,ON,FOR,PRELIMINARY,HEARING, IN, 'B', GROUP,, THIS, DAY,, ORDER, WAS, MADE, THEREIN, AS, UNDER:,

CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocates takes notice for respondent Nos.1 to 4. Notice to respondent Nos.5 and 6 is not necessary for the following reasons.

¶2The petitioner is aggrieved of the impugned endorsement at Annexure-M series dated 13.09.2024 issued by the Deputy Commissioner, Chithradurga District rejecting the application for conversion filed under Section 95 of the Karnataka Land Revenue Act, 1964 on the ground that the lands in question measuring total extent 20 acres in Sy.Nos.83/4, 83/5, 83/6 of Kyathagondanahalli Village, Thalaku Hobli, Challakere Taluk, Chithradurga District were lands granted to a person belonging to Scheduled Caste/Scheduled Tribe category and therefore the lands could not have been transferred without prior permission of the Government.

¶3This Court has held in similar such cases that at this juncture, where the petitioner-khathedar is requesting conversion of the lands from agricultural to non-agricultural purposes, the application cannot be rejected and the same

cannot be delayed on the ground that the transaction in respect of the lands are hit by the provisions of the Karnataka SC/ST PTCL Act. The Deputy Commissioner will have to proceed to consider the application and pass necessary orders for conversion. It is also permissible for the Deputy Commissioner to direct initiation of suo-motu proceedings at the hands of the Assistant Commissioner, if there is any violation of the provisions of the PTCL Act. In fact the only remedy available for the Deputy Commissioner is to direct initiation of proceedings under the provisions of the Karnataka SC/ST PTCL Act, 1978 (for short 'the PTCL Act, 1978'). However question of rejecting the application for conversion on that ground does not arise and the same is bad in law.

¶4It is the contention of the petitioner that the legal representatives of the original grantee upon completion of non-alineation period had sold the lands measuring to an extent of 20 acres in Sy.Nos.83/4, 83/5, 83/6 of Kyathagondanahalli Village, Thalaku Hobli, Challakere Taluk, Chithradurga District, to K.S.Sunil Kumar, K.S.Anil Kumar and Sudhamani vide registered sale deed dated

08.01.2019. Subsequently,

petitioners herein have purchased the said 20 acres of land under the three sale deeds dated 23.02.2023. Now, for the time being, there is no other option for the Deputy Commissioner than to consider the application and pass necessary orders for conversion.

¶5Accordingly, the writ petition is allowed. The impugned endorsement at Annexures-M1, M2 and M3 dated

13.09.2024 issued by the Deputy Commissioner, Chithradurga District is hereby quashed and set aside. The Deputy Commissioner shall reconsider the application for conversion filed by the petitioner and pass necessary orders in accordance with law, as expeditiously as possible and at any rate within a period of 6 weeks from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 22