IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JUNE 2021

BEFORE

THE HON9BLE MR. JUSTICE B. M. SHYAM PRASAD

WRIT PETITION NO. 18062/2019 C/W

WRIT PETITION NO. 18063/2019 (KLR/RES)

IN WP NO. 18062/2019

BETWEEN :

SMT. RAMAKKA

W/O LATE E. B. APPANNAREDDY,

AGED ABOUT 70 YEARS,

R/AT ERABANAHALLI,

KASABA HOBLI, MALUR TALUK,

KOLAR DISTRICT - 563 130.

... PETITIONER

(By SRI. JAYA KUMAR S. PATIL., SENIOR ADVOCATE

FOR SRI. SRIHARI A.V., ADVOCATE)

AND :

1.

THE STATE OF KARNATAKA

VIDHANA SOUDHA,

BENGALURU - 560 001

REP. BY ITS CHIEF SECRETARY.

2.

THE SECRETARY

DEPARTMENT OF REVENUE,

STATE OF KARNATAKA,

M.S.BUILDING,

BENGALURU - 560 001.

2

3.

THE DEPUTY COMMISSIONER

KOLAR DISTRICT, KOLAR - 563 130.

... RESPONDENTS

(By SRI. A.R. SRINIVAS., AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY

OTHER WRIT OR ORDER DECLARING LAND MEASURING 5

ACRES IN SY.NO. 69/2 OF HEDAGINABELE VILLAGE,

KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT AS

DEEMED

TO

HAVE

BEEN

CONVERTED

FROM

AGRICULTURAL

USE

TO

NON

AGRICULTURAL

COMMERCIAL USE AS ENVISAGED UNDER SECTION 95(5)

OF KARNATAKA LAND REVENUE ACT, 1964; ISSUE A WRIT

IN THE NATURE OF MANDAMUS DIRECTING THE THIRD

RESPONDENT-DEPUTY

COMMISIONER

TO

ISSUE

CONVERSION

CERTIFICATE

IN

RESPECT

OF

LAND

MEASUIRNG 5 ACRES IN SY.NO. 69/2 OF HEDAGINABELE

VILLAGE,

KASABA

HOBLI,

MALUR

TALUK,

KOLAR

DISTRICT

AFTER

DETERMINING

AND

COLLECTING

CONVERSION FEE BY THE PETITIONER.

IN WP NO. 18063/2019

BETWEEN :

1.

SHRI A. NAGIREDDY @ A NAGARAJ

S/O LATE E. B. APPANNAREDDY,

AGED ABOUT 51 YEARS,

2.

SHRI A. ASHWATHREDDY

S/O LATE E. B. APPANNAREDDY,

AGED ABOUT 47 YEARS

3.

SHRI A. VASANTHA REDDY

S/O LATE E. B. APPANNAREDDY,

AGED ABOUT 45 YEARS

3

4.

SHRI A. SIDDAREDDY

S/O LATE E. B. APPANNAREDDY,

AGED ABOUT 43 YEARS,

ALL ARE R/AT ERAVANAHALLI,

KASABA HOBLI, MALUR TALUK,

KOLAR DISTRICT - 563 130.

... PETITIONERS

(By Sri. JAYA KUMAR S. PATIL., SENIOR ADVOCATE FOR

SRI. SRIHARI A.V., ADVOCATE)

AND :

1.

THE STATE OF KARNATAKA

VIDHANA SOUDHA,

BENGALURU - 560 001

REPRESENTED BY ITS CHIEF SECRETARY.

2.

THE SECRETARY

DEPARTMENT OF REVENUE,

STATE OF KARNATAKA,

M.S.BUILDING,

BENGALURU - 560 001.

3.

THE DEPUTY COMMISSIONER

KOLAR DISTRICT,

KOLAR - 563 130.

... RESPONDENTS

(By SRI. A.R. SRINIVAS., AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY

OTHER WRIT OR ORDER DECLARING LAND MEASURING

19 ACRES 23 GUNTAS IN SY.NO. 68 OF HEDAGINABELE

VILLAGE,

KASABA

HOBLI,

MALUR

TALUK,

KOLAR

DISTRICT AS DEEMED TO HAVE BEEN CONVERTED FROM

AGRICULTURAL

USE

TO

NON

AGRICULTURAL

COMMERCIAL USE AS ENVISAGED UNDER SECTION 95(5)

OF KARNATAKA LAND REVENUE ACT, 1964; ISSUE A WRIT

4

IN THE NATURE OF MANDAMUS DIRECTING THE THIRD

RESPONDENT-DEPUTY

COMMISIONER

TO

ISSUE

CONVERSION ORDER IN RESPECT OF LAND MEASUIRNG

19 ACRES 23 GUNTAS IN SY.NO. 68 OF HEDAGINABELE

VILLAGE,

KASABA

HOBLI,

MALUR

TALUK,

KOLAR

DISTRICT

AFTER

DETERMINING

AND

COLLECTING

CONVERSION FEE BY THE PETITIONER.

THESE

WRIT

PETITIONS

COMING

ON

FOR

PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE

COURT MADE THE FOLLOWING:

O R D E R

The petitioners, who assert ownership of the lands

measuring 5 acres in Sy.No.69/2 and 19 acres 23

guntas of land in Sy.No.68 of Hedaginabele, Kasaba

Hobli, Malur Taluk, Kolar District (the subject

properties, have filed these petitions for the following

reliefs:

[a] For declaration that the land measuring 5

acres in Sy.No.69/2 of Hedaginabele

village, Kasaba Hobli, Malur Taluk, Kolar

District is deemed to be converted from

agricultural

to

non-agricultural

commercial

use

as

envisaged

under

5

section 95(5) of the Karnataka Land

Revenue Act, 1964 (for short 'KLR Act').