IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105333 OF 2025 (KLR-CON)

BETWEEN:

SHRI. KRISHNA DHAMNEKAR S/O GANAPATI DHAMNEKAR, AGE ABOUT 65 YEARS, OCC. EX. SERVICEMEN, RESIDING AT: H.NO.53, NEW SHIVAJI COLONY, PAPA MALA, TILAKWADI, BELAGAVI-590 006.

… PETITIONER (BY SRI. SURAJ S. MUTNAL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, C LA H X A M N A D N RASHEKAR REPRESENTED BY ITS SECRETARY, KATTIMANI DCKLKD+ oA a Hi a0 g crt T 5 Ai ena t 3 TN : ta a 0 Ii 2t l oMD a0 y n R k A 2 : s a AN 5 H i , gS . I D1 i nH g 1h e h E . d a2 K Cr 9 b w A o y 1 u R a1 rd t L : 1 B A o 9ef X :n4 M c2h AN M BE .S N . G B A U L I U L R D U IN -5 G 6 , 0 A 0 M 0 B 1 E . DKAR VEEDHI, 2. THE DEPUTY COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, NH-4A, KHADE BAZAR, RAVIWAR PETH, BELAGAVI-590 001.

3. THE COMMISSIONER, BELAGAVI URBAN DEVELOPMENT AUTHORITY, NH 4, ASHOK NAGAR, BELAGAVI-590 016.

4. THE SPECIAL LAND ACQUISITION OFFICER, BELAGAVI URBAN DEVELOPMENT AUTHORITY, NH 4, ASHOK NAGAR, BELAGAVI-590 016.

… RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2;

SRI. M.A. HULIYAL, ADVOCATE FOR R4;

SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER DIRECTION TO QUASH THE IMPUGNED ENDORSEMENT ORDER DATED 28.06.2025 PASSED BY RESPONDENT NO.2 IN APPLICATION NO.734160 REJECTING THE PRAYER FOR CONVERSION OF LAND OF THE PETITIONER BEARING SY. NO. 88/*/5 SITUATED AT BELAGAVI VILLAGE, PRODUCED AS ANNEXURE-E, AND ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION DIRECTING RESPONDENT NO.2 TO CONSIDER THE APPLICATION/AFFIDAVIT OF PETITIONER DATED 16.12.2024 PRODUCED AS ANNEXURE-B AND FURTHER DIRECT THE RESPONDENT NO.2 TO ISSUE ORDER OF CONVERSION CONVERTING THE LAND OF PETITIONER FOR NON AGRICULTURE PURPOSE.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the endorsement/order marked as Annexure-E dated 28.06.2025 passed in Application No.734160 by respondent No.2-Deputy Commissioner.

2. In terms of the said endorsement/order, respondent No.2-Deputy Commissioner has rejected the petitioner's application seeking conversion of land from agricultural use to non-agricultural use. The impugned endorsement/order reads as under:

ENDORSEMENT ORDER Your application number 734160 Date 12/16/2024 6:05:34 PM for conversion to Residential purpose of Land survey number 88*5 in District BELAGAVI Taluk BELAGAVI hobli BELAGAVI village BELAGAVI has been rejected Reason:

Hence, your Reconversion application is rejected.

Officer Name:-

Designation : Deputy Commissioner BELAGAVI

3. It is noticed from the said order that no reason is assigned for rejecting the petitioner's application.

4. Learned counsel appearing for respondent No.3 has filed a memo dated 24.11.2025 along with a document dated 03.01.2025, said to be the notice issued to the petitioner requiring the petitioner to produce certain documents.

5. Respondent No.3 has not produced any documents to show that the said notice was duly served on the petitioner. It appears that the notice was issued pursuant to the petitioner's application seeking conversion of the land submitted before the Deputy Commissioner. Respondent No.3 could not have insisted that the petitioner to produce the records mentioned in the said notice before the land is converted for non-agricultural use.

6. It is a well settled position of law that an authority exercising the power under any Act must assign reasons for passing its orders. Especially when an application seeking conversion of land is filed, the applicant is entitled to know the reasons for rejection of such application.

7. Apart from that