IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 4067 OF 2026 (KLR-RES)

BETWEEN:

SRI. H. C. MAHALINGASWAMY S/O H.C. CHANDRASHEKHAR, AGED ABOUT 46 YEARS, R/AT BEHIND ESHWAR TEMPLE, NEAR OLD MARKET, HOSADURGA TOWN, CHITRADURGA - 577 527.

…PETITIONER (BY SRI. RAJESHA SHETTIGARA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, Digitally signed by SHARADAVANI DEPARTMENT OF REVENUE, B M.S. BUILDINGS, Location: High Court of Karnataka BANGALORE - 560 001.

2. DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA - 577 502.

3. ASSISTANT COMMISSIONER, CHITRADURGA SUB-DIVISION, CHITRADURGA DISTRICT - 577 502.

4. THE TAHSILDAR HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527.

5. THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, SAHAKARA BHAVANA, B.L. GOWDA LAYOUT, CHITRADURGA - 577 501.

6. THE PRIMARY AGRICULTURE AND RURAL DEVELOPMENT BANK, HOSADURGA TALUK, CHITRADURGA - 577 501 REPRESENTED BY ITS MANAGER.

…RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R5)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 31/12/2025 BEARING NO. ALN:HCD:DCR:49/25-26 (ANNEXURE-A) ISSUED BY THE 2ND RESPONDENT IN REFUSING THE CONVERSION OF LAND MEASURING 0-20 GUNTAS IN SURVEY NO.168 (OLD NO. 86/2) SITUATED AT GORAVINAKALLU VILLAGE, KASABA HOBLI, HOSADURGA TALUK AND ETC.

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 Advocates takes notice for respondent Nos.1 to 4. Notice to respondent Nos.5 and 6 is not necessary for the following reasons.

2. The petitioner is aggrieved of the impugned endorsement at Annexure-A dated 31.12.2025 issued by the Deputy Commissioner, Chithradurga District rejecting the application for conversion filed under Section 95 of the Karnataka Land Revenue Act, 1964 on the ground that the land in question measuring 20 quntas in Sy.No.168 of Goravinakallu Village, Kasaba Hobli, Hosadurga Taluk, was a land granted to a person belonging to Scheduled Caste/Scheduled Tribe category and therefore the lands could not have been transferred without prior permission of the Government.

3. This Court has held in several such cases, including W.P.No.5721/2021 dated 05.08.2025 that when the petitioner has purchased the lands from the khatedar of the land in question and admittedly his name is reflected in the RTC, the Deputy Commissioner could not have issued such an endorsement. The only remedy available for the Deputy Commissioner is to direct initiation of proceedings under the provisions of the Karnataka SC/ST PTCL Act, 1978 (for short 'the PTCL Act, 1978'). However question of rejecting the application for conversion on that ground does not arise and the same is bad in law.

4. It is also the contention of the petitioner that he has purchased the land in question in an auction conducted by respondent No.5 - The Deputy Registrar of Co-operative Societies and therefore question of the petitioner getting permission of the Government under Section 4(2) of the PTCL Act, 1978 would not arise. Nevertheless that is a issue that is to be considered by the competent authority if proceedings are initiated under the provisions of the PTCL Act, 1978. Now, for the time being, there is no other option for the Deputy Commissioner than to consider the application and pass necessary orders for conversion.

Accordingly, the writ petition is allowed. The impugned endorsement at Annexure-A dated 31.12.2025 issued by the Deputy Commissioner, Chithuthuga District is hereby quashed and set aside. The Deputy Commissioner shall reconsider the application for conversion filed by the petitioner and pass necessary orders in accordance with law, as expeditiously as possible and at any rate within a period of 6 weeks from the date of receipt of a copy of this order.

Learned Additional Governme