IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 22^ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201745 OF 2025 (GM-RES)

BETWEEN:

MALLIKARJUNA S/O MAHADAYYA SWAMY, AGE: 48 YEARS, OCC: AGRICULTURE, R/O ASTURE LAYOUT, BHALKI, DIST. BIDAR-585328.

…PETITIONER (BY SRI. SACHIN MADHUKAR MAHAJAN, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER, D.C. OFFICE, BIDAR-585401.

2. THE ASSISTANT COMMISSIONER BASAVAKALYAN SUB DIVISION, BASAVAKALYAN, DIST. BIDAR-585327. 3. THE TAHASILDAR BHALKI, DIST. BIDAR-585326. 4. THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, NEAR BIDRI CHOWK, LADGERI, BIDAR-585403.

…RESPONDENTS (by SRI. MALLIKARJUN SAHUKAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ENDORSEMENT/ORDER DATED NIL, ISSUED BY THE RESPONDENT NO.1 DEPUTY COMMISSIONER, BIDAR, VIDE ANNEXURE-E, II) ISSUE A SUITABLE WRIT OR ORDER OR DIRECTION, THEREBY DIRECTING THE RESPONDENT NO.1 TO ISSUE CONVERSION ORDER IN PURSUANCE OF THE APPLICATION DATED 03.09.2024 FILED BY THE PETITIONER FOR CONVERSION OF LAND BEARING SY NO.24/2/4, MEASURING 03 ACRES 02 GUNTAS, SITUATED AT VILLAGE KALASDAL, TQ. BHALKI, DIST.

BIDAR, WITHIN A PERIOD OF FOUR WEEKS 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 M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN)

The petitioner claims to be the owner of 03 acres 02 guntas of land in Sy.No.24/2/2 of Kalasdal village, taluk Bhalki, District Bidar. The RTC produced by the petitioner shows that he is in occupation of said 03 acres 02 guntas of the land. It is submitted that out of the said 03 acres 02 guntas of the land, permission has been accorded to him by the Department of Mines and Geology to mine basalt rock in an extent of 03 acres 01 gunta of land. The petitioner has applied for conversion of the agricultural land for the entire 03 acres 02 guntas of agricultural land for industrial purpose to respondent No.1, Deputy Commissioner. However, the same has been rejected by the following reason.

‘Rejected. Different extent in mines proceeding.’

Aggrieved by the same, the present writ petition is filed.

2. The case of the petitioner is that he is the owner and in occupation of 3 acres 2 guntas of land and the revenue documents (RTC) reflects the same. However, while the Department of Mines and Geology processed his application for grant of licence to mine, has permitted him to mine only in 3 acres 1 gunta of land. He submits that the said permission is given taking into consideration the location of the basalt rock on his land. He submits that it does not mean that he is not in occupation of 3 acres 2 guntas of land. He also submits that Deputy Commissioner is required to be guided by the provisions of Section 95 Karnataka Land Revenue Act, 1964, while granting or rejecting the application and cannot decide the extent under the occupation of the petitioner based on the area in which he is permitted to carryout mining activity. On the said ground it is prayed that the impugned order be set aside and allow the writ petition as prayed for.

3. Learned Additional Government Advocate justifies the impugned order/endorsement and prayed for dismissal of the writ petition.

4. Section 95 of the Karnataka Land Revenue Act, 1964, reads as under:

“95. Uses of agricultural land and the procedure for use of agricultural land for other purpose.-

(1) Subject to any law for the time being in force regarding erection of buildings or construction of wells or tanks, an occupant of land assessed or held for the purpose of agriculture is entitled by himself, his servants, tenants, agents, or other legal representatives, to erect farm buildings, construct wells or tanks, or make any other improvements thereon for the better cultivation of the land or its more convenient use for the purpose a