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2026 Supreme(Online)(Kar) 13558

THE HIGH COURT OF KARNATAKA
CHIEF JUSTICE AND C.M. POONACHA
SRI. DASHRATH HANMANTH SURYAVANSHI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 4952/2026



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 4952 OF 2026 (GM-MM-S)

BETWEEN:

1. SRI DASHRATH HANMANTH SURYAVANSHI S/O HANMANT SURYAVASNHI AGED ABOUT 52 YEARS

2. SRI NARAYAN SURYAVANSHI S/O LAKSHMAN SURYAVANSHI AGED ABOUT 37 YEARS

3. SRI SANTOSH SURYAVANSHI S/O LAKSHMAN SURYAVANSHI Digitally AGED ABOUT 30 YEARS signed by AMBIKA H B Location: ALL RESIDENT AT:-

High Court R/A NO.20, LAXMI GALLI, of Karnataka BADAS (INAM), BELAVATTI, HUKKERI, BELAGAVI - 591 309 REPRESENTED BY THE POWER OF ATTORNEY HOLDER -

SWARNA ADITYA GOLD REFINERY AND RESOURCE PVT. LTD.

REPRESENTATIVE DIRECTOR:

HARISHREE MEHTA AT: 1ST FLOOR, FLAT NO. F2 PLOT NO. 141, A1-TAQWA RESIDENCE. CTS NO. 4857/91 SADASHIV NAGAR, BELGAVI - 590 019 …PETITIONERS (BY SRI SHREEDHAR G. BIDRE, ADVOCATE FOR SRI RAGHAVENDRA G. GAYATRI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS BANGALORE - 560 001

2. THE DEPUTY COMMISSIONER, BELGAVI DISTRICT BELGAVI - 590 001

3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY BAUXITE ROAD KUMARASWAMY LAYOUT BELAGAVI - 590 001 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENT TO CONSIDER THE APPLICATION DATED 15/09/2025 (VIDE ANNEXURE-J) AND COMMUNICATE THE FINE AMOUNT PAYABLE FOR CONVERSION IN ACCORDANCE WITH RULE 107 OF THE KARNATAKA LAND REVENUE RULES, 1966 TO THE PETITIONER & ETC.

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

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. Issue notice. The learned Additional Government Advocate accepts notice for the respondents.

2. The petitioners have filed the present petition, inter alia, praying as under:

"a. Issue writ of Mandamus or any other writ directing the respondent to consider the application dated 15.09.2025 (vide ANNEXURE-J) and communicate the fine amount payable for conversion in accordance with Rule 107 of the Karnataka Land Revenue Rules, 1966 to the petitioner.

b. Issue a Writ of Mandamus or any other order or any other writ or direction directing the Respondent No.2 to consider the application dated 01.09.2025 (vide ANNEXURE-H) and to pass an order of deemed conversion in terms of the provision encarved under sub-section (9) of Section 95 of the Karnataka Land Revenue Act, 1964."

3. The petitioners state that they are the absolute owners of the lands falling in Survey No.160/1 and 160/2 situated at Badasinam Village, Belgavi Taluk, Belgavi District. The petitioners proposed to carry out quarrying operations for mining laterite from the land to the extent of 12 acres out of 16 acres and 5 guntas. They claim that they entered into an irrevocable agreement on 29.06.2021 with Swarna Aditya Gold Refinery and Resources Private Limited for completing the documentation and legal work for setting up the operations for mining laterite.

4. On 08.09.2021, the said company made an application to declare the land as falling in safe zone and sought a quarrying licence in Form AQL. Pursuant to the said application, respondent No.3 sent communications to the concerned revenue and forest officials for their NOC and a joint survey. On 01.09.2025, the said company also filed an application under Section 95(9) of the Karnataka Land Revenue Act, 1964 for deemed conversion of the subject land. Subsequently, it also sought information regarding the amount payable under Rule 107 of the Karnataka Land Revenue Rules, 1966.

5. The petitioners claim that their applications have not been considered as yet.

6. In view of the above, we allow the present petition and direct the respondents to consider the petitioners' applic

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