S Shantha v. The State of Karnataka

ORDER i. The writ petition is allowed. ii. A mandamus is issued directing respondent No.2-Deputy Commissioner to issue a Certificate of Conversion for the land bearing Sy.No.28/3 measuring 02 acres 01 guntas situated at Vitalapura village, AI D Halli Hobli, Madhugiri Taluk, Tumakuru District, in terms of the application dated

18.2.2025 bearing Affidavit ID No.961374 and Land Conversion ID No.749426 within a period of three weeks from today on receipt of the fee payable for such conversion.

iii. Respondent No.2 shall communicate the amount required to be paid by the petitioner within a period of 7 days from today, the payment to be made within 3 days thereafter and the Certificate to be issued within 7 days thereafter. iv. The grant of the Certificate shall be subject to the compliances and adherences, if any, required to be made by the petitioner in terms of the applicable law.

Sd/- (R DEVDAS) JUDGE

TL List No.: 1 Sl No.: 44

NC:(2026:KHC:9521( WP(No.(4117(of(2026( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(17 (DAY(OF(FEBRUARY,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(R(DEVDAS( WRIT(PETITION(NO.(4117(OF(2026((KLR-CON)( ( BETWEEN:(( ( , S.,SHANTHA, WIFE,OF,V,J,HANUMANTHAPPA,, AGED,ABOUT,60,YEARS,,, VITALAPURA,,MADHUGIRI,TALUK,,, I,D,HALLI,HOBALI,,, VTC:,CHIKKADALAVATTA,, TUMKURU,DISTRICT,, KARNATAKA-572,127., …PETITIONER, , (BY,SRI.,A.,SHIVAKUMAR,,ADVOCATE), , AND:( ( Digitally 1., THE,STATE,OF,KARNATAKA,signedtiby LAKSHMI0T BY,ITS,SECRETARY,TO,GOVERNMENT,,, Location: High0Court DEPARTMENT,OF,REVENUE,,, of0Karnataka M.S.BUILDING,,, BENGALURU-560,001., , 2., THE,DEPUTY,COMMISSIONER,, OFFICE,OF,THE,DEPUTY,COMMISSIONER,,, MINI,VIDHANA,SOUDHA,,, NEAR,AMMANI,KERE,,, TUMKURU-572,127., , , NC:(2026:KHC:9521( WP(No.(4117(of(2026( ( , ,,HC-KAR( ( ( 3., THE,ADDL.,DEPUTY,COMMISSIONER, OFFICE,OF,THE,DEPUTY,COMMISSIONER,,, MINI,VIDHANA,SOUDHA,,, NEAR,AMMANI,KERE,,, TUMKURU,DISTRICT-572,127., , 4., THE,TAHSILDHAR,, TAHSILDHAR,OFFICE,,, MADHUGIRI,TALUK,,, TUMKURU,DISTRICT-572,127., …RESPONDENTS, , (BY,SRI.,K.P.,YOGANNA,,AGA), , , THIS,W.P.,IS,FILED,UNDER,ARTICLES,226,AND,227,OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, DIRECTING, THE, RESPONDENT,NO.2,TO,ISSUE,A,CERTIFICATE,OF,CONVERSION, AS,PER,SECOND,PROVISO,TO,CLAUSE,(ii),OF,SUB-SECTION,(2), OF, SECTION, 95, OF, THE, KARNATAKA, LAND, REVENUE, (AMENDMENT,ACT),,ACT,,2023,IN,RESPECT,OF,LAND,BEARING, SY.NO.28/3,MEASURING, 2, ACRES, 01, GUNTAS,, SITUATED, AT, VITALAPURA,VILLAGE,,AI,D,HALLI,HOBLI,,MADHUGIRI,TALUK,, TUMAKURU,DISTRICT,,PURSUANT,TO,THE,APPLICATION,DATED, 18.02.2025,FILED,BY,THE,PETITIONER,BEARING,AFFIDAVIT,ID, NO.961374, AND, LAND, CONVERSION, ID, NO.749426., THE, APPLICATION, DATED, 18.02.2025, IS, HEREWITH, FURNISHED, AND,MARKED,AS,ANNEXURE-A., , , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate submits that he has received the copy of the writ petition. 2. The petitioner is aggrieved of the fact that her application under Clause (ii) of Sub-Section (2) of Section 95 of the Karnataka Land Revenue Act, 1964 (for short 'Act') filed on 18.02.2025 before the 2nd respondent- Deputy Commissioner, Tumkuru District has not been considered and no orders have been passed by the Deputy Commissioner either converting the lands or rejecting her application. 3. Learned counsel for the petitioner submits that this Court in WP No.106009-106010/2018 (at Dharwad Bench), by order dated 14.11.2019 has held that having regard to the deeming provision contained in Sub-Section 5 of Section 95 of the Act, it is a settled position that if no orders are passed by the Deputy Commissioner within the time frame as provided in the said provision, there shall be a deemed order of conversion. Subsequently, there has been an amendment brought to the provision and a co- ordinate bench of this Court in the case of M/s Aayana Renewable Power Six Private Limited v. The Deputy Commissioner, Gadag District in WP No.100422/2025 (Dharwad Bench), by order dated 23.01.2025 has considered the amended provision where earlier four months time were provided for the Deputy Commissioner to pass necessary orders, the same has been reduced to 30 days and the Co-ordinate Bench having considered the said aspect to the matter has held that since no orders were passed by the Deputy Commissioner within the time frame as provided in the provision, there shall be a deemed order of conversion. Learned counsel prays for similar orders. 4. Having regard to the fact that the application was filed by the petitioner on 18.02.2025 i.e., after the amendment and the time frame provided for the Deputy Commissioner to pass necessary orders being 30 days, here is a case where the deeming provision would definitely apply. Consequently, this Court proceeds to pass the following: