THE HIGH COURT OF KARNATAKA
K.S.HEMALEKHA
SRI SRIKANTA MURTHY S/O LATE A SHIVAPPA – Appellant
Versus
THE DEPUTY COMMISSIONER – Respondent
WP 100365/2026
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100365 OF 2026 (KLR-CON)
BETWEEN:
SRI. SRIKANTA MURTHY S/O. LATE A SHIVAPPA AGED ABOUT 70 YEARS, OCC: AGRICULTURE, R/O. #41, 1ST WARD, AGASARA ONI, NEAR RAMALI MAJSID, CHITTAWADIGI, TQ: HOSAPETE, DIST: VIJAYANAGARA-583201.
…PETITIONER (BY SRI. GURUDEV GACHCHINAMATH, ADVOCATE)
AND:
THE DEPUTY COMMISSIONER VIJAYANAGARA DISTRICT-583201.
…RESPONDENT (BY SMT. NANDINI B.SOMAPUR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED MANJANNA ENDORSEMENT ORDER DATED NILL BEARING NO. NILL PASSED BY E THE DEPUTY COMMISSIONER OF VIJAYANAGARA PRODUCED AS ANNEXURE-B BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER Digitally signed by MANJANNA E SUITABLE WRIT OR ORDER OF DIRECTION AND ISSUE A WRIT OF Location: HIGH COURT OF KARNATAKA MANDAMUS DIRECTING THE RESPONDENT TO GRANT THE DHARWAD BENCH Date: 2026.02.21
11:31:19 +0530 CONVERSION ORDER IN RESPECT TO THE LAND BEARING SURVEY NUMBER 282/1A MEASURING 1.50 ACRES SITUATED AT CHITTAWADIGI VILLAGE, TQ HOSAPETE, DISTRICT VIJAYANAGARA;
AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER
The petitioner has called in question the endorsement dated nil passed by the Deputy Commissioner of Vijayanagara, (Annexure-B), whereby the petitioner’s application filed under Section 95 of the Karnataka Land Revenue Act, 1964 (for short, ‘KLR Act’) seeking conversion of the agricultural land to the non-agricultural land was rejected.
2. Brief facts The petitioner purchased land bearing Sy. No.282/1A measuring 1.50 acres situated at Chittawadigi village, Hosapete Taluk, Vijayanagara District under a registered sale deed dated 19.11.2008. Pursuant to which, the petitioner made an application under Section 95 of the KLR Act seeking conversion of his agricultural land to non- agricultural purposes. The said application came to be rejected.
3. Learned counsel for the petitioner contends that once the agriculture land is included in municipal limits, the provisions of the KLR Act ceased to apply and the Hosapete City Municipal Council has issued an endorsement (Annexure-C) confirming the subject land falls within Municipal limits and therefore, it is contended that there is a deemed conversion by operation of law. Reliance is placed on the decision of this Court in the case of Muneer Siddique Vs. Deputy Commissioner, WP NO.100341/2026 D.D.19.01.2026 (Muneer Siddique) pertaining to the same District and this Court, considering the judgment in the case of J.M.Narayana and Others Vs. Corporation of the City of Bangalore, ILR 2005 KAR 60 and in the case of M/s Chamundi Associates Vs. The State of Karnataka and Another, WP NO.26700/2016 D.D.02.06.2023, has allowed the writ petition and quashed the impugned endorsement.
4. Per contra, the learned Additional Government Advocate appearing for the respondent justifies the order passed by the Deputy Commissioner and submits that the same does not warrant interference.
5. This Court in Muneer Siddique’s case has held at paragraph No.8 as under;
“8. In the aforesaid decisions, it is been categorically held that when the land is included in the Municipal or Corporation limits, the KLR Act ceases to apply to such land and there is no necessity to obtain conversion from agricultural to non-agricultural land. In the present case, the endorsement issued by the Hosapete Municipal Council clearly indicates that the subject land falls within the Municipal limits. Despite this undisputed position, the respondent-Deputy Commissioner has rejected the application by a non speaking endorsement. Accordingly, unsustainable and this Court pass the following:
ORDER
i. Writ petition is allowed ii. The impugned endorsement order dated Nil bearing No.Nil in Application No.808441 dated 11.06.2025 (Annexure- B) pass
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