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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 26^TH DAY OF MARCH 2021

BEFORE

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

WRIT PETITION NO.100035 OF 2021 (KLR-CON)

BETWEEN

SMT REKHA JAYAVANT KURNE

AGE 50 YEARS OCC: AGRICULTURE

& HOUSEHOLD WORK

R/O H.NO.348/2 SAMBHAJI GALLI

MAHADWAR ROAD, BELAGAVI-590 001

...PETITIONER

(BY SRI VITTHAL S. TELI, ADVOCATE)

AND

1. THE STATE OF KARNATAKA BY

ITS SECRETARY, DEPARTMENT OF REVENUE

M.S. BUILDING

DR. AMBEDKAR VEEDHI

BENGALURU-560 001

2. THE DEPUTY COMMISSIONER

BELAGAVI COURT COMPOUND

BELAGAVI 590 001

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3. THE TAHASILDAR

KHANAPUR TAL: KHANAPUR

DIST. BELAGAVI 591302

…RESPONDENTS

(BY SRI VINAYAKA S. KULKARNI, AGA ),

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A

WRIT IN THE NATURE OF CERTIORARI QUASHING THE

ENDORSEMENT

DATED

28.08.2019

ISSUED

BY

THE

RESPONDENT NO.2 VIDE ANNEXURE-D AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

Heard.

2.

Petitioner filed application under Section 95 of the

Karnataka Land Revenue Act, 1964 (For short ‘Act’) furnishing all

the relevant documents for deemed conversion of the lands

bearing R.S.No.58/3 measuring 3 Acre and R.S.No.61 measuring

36 guntas situated at Chikale Village of Jambothi Circle of

Khanapur Taluk Belagavi to respondent No.2.

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3.

Thereafter, petitioner submitted the representation

dated 30.10.2017 with respondent No.2 to consider application

filed on 11.08.2016 for conversion of land in question for

residential purpose as per sub-section (2) Section 95 of the

Karnataka Land Revenue Act, 1964. Respondent No.2 without

considering the application submitted by the petitioner, issued

an endorsement dated 28.08.2019 stating that the report was

sought from the respondent No.3 and respondent No.3 has not

furnished the report and in view of digitalization, fresh

application may be filed through online. Hence, this writ

petition.

4.

Learned counsel for the petitioner would submit that

the petitioner has filed application under sub-section (2) Section

95 of the Karnataka Land Revenue Act, 1964 for conversion of

his lands from agricultural to non-agricultural purpose on

11.05.2016. However, respondent No.2 has failed to inform the

petitioner of his decision as contemplated under Section 95(3) of

the Act within four months from the receipt of the application.

He further submit that on account of in action on the part of

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respondent No.2 deemed conversion will come under the

provision of sub-section (5) of Section 95 of the Act. Hence, he

prays for direction to respondent No.2 to pass an order for

deemed approval of conversion of lands in question.

5.

Learned

AGA

submits

that

in

view

of

the

digitalization, the respondent No.2 issued an endorsement

calling upon the petitioner to file application on line. Hence, he

submits that endorsement issued by respondent No.2 is in

accordance with law.

6.

I have examined the submission made by the

learned counsel for the parties.

7.

The issue involved in this writ petition was examined

by the Division Bench of this Court in W.P.No.4180/2020

disposed of on 21.09.2020. The Division Bench of this Court at

paragraphs 5 and 6 of the order has held as under:

“5. The learned counsel appearing for the petitioner

submitted that sub-section (9) of Section 95 of the Land

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Revenue Act does not incorporate requirement of

applying online or applying in a prescribed format.

Admittedly, the State Government has not exercised the

rule making power under Section 197 of the Land

Revenue Act by framing the rules prescribing any

format and by incorporating the requirement of making

an application under sub-section (9) of Section 96 of the

Land Revenue Act.

6.

We have perused the pro