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Karnataka High Court

Sri G R Prakash vs State Of Karnataka on 21 February, 2026

Author: R Devdas

Bench: R Devdas

                                        -1-
                                                   NC: 2026:KHC:10848
                                                  WP No. 947 of 2026


            HC-KAR




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 21ST 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: [email protected]

            2.    SMT. G. SAVITHA ALIAS SAVITHA PRAKASH
                  W/O SRI G.R.PRAKASH
                  AGED ABOUT 56 YEARS,
Digitally         FLAT 408, SMR EMBASSY,
signed by
PRIYANKA          3RA CROSS, RAMA RAO LAYOUT,
HM                KATHRIGUPPE, BANASHANKARI 3RA STAGE,
Location:         BANGALORE - 560 085
HIGH              MOBILE: 94820 8653
COURT OF          E-MAI: [email protected]
KARNATAKA
                                                        ...PETITIONERS
            (BY SRI. HARISH KUMAR M.S, ADVOCATE FOR
                MS. SMITHA PRAKASH, ADVOCATE)

            AND:

            1.    STATE OF KARNATAKA
                              -2-
                                          NC: 2026:KHC:10848
                                          WP No. 947 of 2026


HC-KAR




     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: [email protected]

3.   THE ASSISTANT COMMISSIONER
     CHITRADURGA DIVISION,
     CHITRADURGA - 577 501.
     E-MAIL: [email protected]

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:
                                    -3-
                                                   NC: 2026:KHC:10848
                                                   WP No. 947 of 2026


HC-KAR




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 -4- NC: 2026:KHC:10848 WP No. 947 of 2026 HC-KAR 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, -5- NC: 2026:KHC:10848 WP No. 947 of 2026 HC-KAR 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 application and pass necessary orders for conversion.

5. Accordingly, the writ petition is allowed. The impugned endorsement at Annexures-M1, M2 and M3 dated 13.09.2024 issued by the Deputy Commissioner, Chithradurga 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.

Sd/-

(R DEVDAS) JUDGE rv List No.: 1 Sl No.: 22