IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH 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 signed by LAKSHMI T BY ITS SECRETARY TO GOVERNMENT, Location:

High Court DEPARTMENT OF REVENUE, of Karnataka M.S.BUILDING, BENGALURU-560 001.

2. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, MINI VIDHANA SOUDHA, NEAR AMMANI KERE, TUMKURU-572 127.

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 2^nd 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:

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