IN THE HIGH COURT OF KARNATAKA, R DHARWAD BENCH DATED THIS THE 23^RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100422 OF 2025 (KLR-CON)

BETWEEN:

M/S AAYANA RENEWABLE POWER SIX PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT S-2904, 29^TH FLOOR, WORLD TRADE ENTRE, BRIGADE GATEWAY CAMPUS, 26/1, DR. RAJKUMAR ROAD, MALLESWARAM, RAJAJINAGAR, BENGALURU 560055, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. ARPIT BADHE …PETITIONER (BY SRI. VIKRAM HUILGOL., SR COUNSEL REP BY ASHPAK SRI. ABHINAY S, ADVOCATE)

KASHIMSA MALAGALADINNI DAMSi A gHL itPA aAl GKy A s LKi A gAD nSe IHN dI NMby ISA AND:

LKD+ oaa0 crt5ena 3: ta 0 i 2toa0 nk2 :a 5 H, .D0 ig 1hh .a2 Cr9wo 1 ua1 rdt : 4 Bo 4ef :n0c7h THE DEPUTY COMMISSIONER MINI VIDHANA SOUDHA, (D C OFFICE), BELLARY-HUBLI ROAD, NEAR DISTRICT COURT, GADAG 582103 …RESPONDENT (BY SRI. M.M. KHANNUR., AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PRAYING TO ISSUE A WRIT, ORDER, OR DIRECTION, MORE IN THE NATURE OF WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION THE RESPONDENT NO.1 TO ISSUE A CERTIFICATE OF CONVERSION FOR THE LAND BEARING SY.NO.353/7 MEASURING 1 ACRE 00 GUNTAS SITUATED IN LAKKUNDI VILLAGE, GADAG (VIDE APPLICATION/AFFIDAVIT ID 937779 AND REQUEST ID 729142), AS THE SAME IS A DEEMED CONVERSION AS COMMUNICATED IN THE REPRESENTATION DATED 09.01.2025 OF THE PETITIONER (ANNEXURE-F) AND ETC.

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1. Learned AGA accepts notice for the respondents.

2. Counsel for the petitioner submits that he shall not be relying on the sale deed at Annexures-C and D. His submission is accepted. Office objection at Sl.

No.57 is overruled.

3. The petitioner is before this Court seeking for the following reliefs:

i. Issue a writ, order or direction, more in the nature of Writ of Mandamus or any other appropriate writ, directing the R1 to issue a certificate of conversion for the land bearing Sy.No.353/7 measuring 1 Acre 00 Guntas situated in Lakkundi Village, Gadag (vide application/affidavit ID 937779 & Request ID

729142), as the same is a deemed conversion as communicated in the representation dated

09.01.2025 of the petitioner; (Annexure-F)

ii. To pass any other order or directions as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.

4. The petitioner is aggrieved by the inaction on part of the respondent in processing and approving the application filed by the petitioner for conversion of the land bearing survey number 353/7, Lakkundi village, Gadag District.

5. His submission is that any application filed for conversion of agricultural land from agricultural land to non-agricultural purposes is required to be considered and necessary orders passed in terms of the second proviso to clause (ii) of Subsection (2) of Section 95 of the Karnataka Land Revenue Act, 1964 [‘Act’ for short] within a period of 30 days from the date of the application and if no such order is passed within the time prescribed, then the deeming fiction under the aforesaid second proviso would be applicable granting deemed conversion in respect of the property covered under the application subject to the exceptions made out in the said provison. As such, he submits that the reliefs sought for are required to be granted.

6. Subsection (2) of Section 95 is reproduced hereunder for easy reference:

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 erec