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[Cites 3, Cited by 0]

Karnataka High Court

Sri. Dashrath Hanmanth Suryavanshi vs The State Of Karnataka on 23 February, 2026

                                            -1-
                                                     NC: 2026:KHC:11015-DB
                                                      WP No. 4952 of 2026


                HC-KAR




                    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
Digitally
                    S/O LAKSHMAN SURYAVANSHI
signed by           AGED ABOUT 30 YEARS
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
                           -2-
                                   NC: 2026:KHC:11015-DB
                                    WP No. 4952 of 2026


 HC-KAR




     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:
                                  -3-
                                            NC: 2026:KHC:11015-DB
                                              WP No. 4952 of 2026


 HC-KAR




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 -4- NC: 2026:KHC:11015-DB WP No. 4952 of 2026 HC-KAR 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' applications dated 01.09.2025 as well as 15.09.2025 and communicate the decision -5- NC: 2026:KHC:11015-DB WP No. 4952 of 2026 HC-KAR as expeditiously as possible, and preferably within a period of eight weeks from date.

Sd/-

(VIBHU BAKHRU) CHIEF JUSTICE Sd/-

(C.M. POONACHA) JUDGE AHB List No.: 2 Sl No.: 9