IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 947 OF 2026 (SCST-)

BETWEEN:

1. SRI. G.R. PRAKASH S/O. LATE G.R. RANGANATH AGED ABOUT 64 YEARS, FLAT 408, SMR EMBASSY, 3RD CROSS, RAMA RAO LAYOUT, KATHRIGUPPE, BANASHANKARI 3D STAGE, BANGALORE - 560 085 MOBILE: 98459 95953 E-MAIL: guraprakash@gmail.com

2. SMT. G. SAVITHA ALIAS SAVITHA PRAKASH W/O SRI G.R.PRAKASH AGED ABOUT 56 YEARS, Digitally FLAT 408, SMR EMBASSY, signed by

3RA CROSS, RAMA RAO LAYOUT, PRIYANKA H M KATHRIGUPPE, BANASHANKARI 3RA STAGE, Location: BANGALORE - 560 085 HIGH MOBILE: 94820 8653 COURT OF E-MAI: savithaprakash0409@gmail.com KARNATAKA …PETITIONERS (BY SRI. HARISH KUMAR M.S, ADVOCATE FOR MS. SMITHA PRAKASH, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY ITS SECRETARY TO REVENUE DEPARTMENT, MULTI-STORIED BUILDINGS, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001.

2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA - 577 501.

E-MAIL: deo.chitradurga1@gmail.com 3. THE ASSISTANT COMMISSIONER CHITRADURGA DIVISION, CHITRADURGA - 577 501.

E-MAIL: ac.chitradurga1@gmail.com

4. THE TAHSILDAR CHALLAKERE TALUK, CHALLAKERE - 577 522.

…RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ENDORSEMENT ORDERS DATED 13.09.2024 ISSUED BY THE R2-DEPUTY COMMISSIONER, CHITRADURGA DISTRICT (ANNX-

M1 TO M3) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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-M series dated 13.09.2024 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 lands in question measuring total extent 20 acres in Sy.Nos.83/4, 83/5, 83/6 of Kyathagondanahalli Village, Thalaku Hobli, Challakere Taluk, Chithradurga District were lands 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 similar such cases that at this juncture, where the petitioner-khathedar is requesting conversion of the lands from agricultural to non-agricultural purposes, the application cannot be rejected and the same cannot be delayed on the ground that the transaction in respect of the lands are hit by the provisions of the Karnataka SC/ST PTCL Act. The Deputy Commissioner will have to proceed to consider the application and pass necessary orders for conversion. It is also permissible for the Deputy Commissioner to direct initiation of suo-motu proceedings at the hands of the Assistant Commissioner, if there is any violation of the provisions of the PTCL Act. In fact 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 the contention of the petitioner that the legal representatives of the original grantee upon completion of non- alineation period had sold the lands measuring to an extent of 20 acres in Sy.Nos.83/4, 83/5, 83/6 of Kyathagondanahalli Village, Thalaku Hobli, Challakere Taluk, Chithradurga District, to K.S.Sunil Kumar, K.S.Anil Kumar and Sudhamani vide registered sale deed dated 08.01.2019. Subsequently, petitioners herein have purchased the said 20 acres of land under the three sale deeds dated 23.02.2023. Now, for the time being, there is no other option for the Deputy Commissioner than to consider the