Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 4, Cited by 0]

Karnataka High Court

Basavaraju K N vs The State Of Karnataka on 23 February, 2026

Author: R Devdas

Bench: R Devdas

                                            -1-
                                                          NC: 2026:KHC:11476
                                                    WP No. 36655 of 2025


                 HC-KAR




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 23RD DAY OF FEBRUARY, 2026

                                          BEFORE
                            THE HON'BLE MR. JUSTICE R DEVDAS
                        WRIT PETITION NO. 36655 OF 2025 (KLR-RES)
                 BETWEEN:

                       BASAVARAJU K.N.
                       S/O NANJAPPA,
                       AGED 40 YEARS,
                       R/AT KODLAHALLI VILLAGE
                       BALAVANAHALLI HOBLI,
                       KORATAGERE TQ.,
                       TUMKUR DISTRICT-572 121.
                                                               ...PETITIONER
                 (BY SRI. M.B.CHANDRA CHOODA, ADVOCATE)

                 AND:

                 1.    THE STATE OF KARNATAKA
                       DEPT. OF LAND REVENUE,
                       M.S.BUILDING,
                       DR.AMBEDKAR VEEDHI,
                       BENGALURU-560 001.
Digitally signed
by
SHARADAVANI 2.         THE DEPUTY COMMISSIONER,
B                      TUMAKURU DISTRICT,
Location: HIGH         TUMAKURU-572 201,
COURT OF               TUMAKURU DISTRICT.
KARNATAKA
                 3.    THE TAHASILDAR,
                       GUBBI TALUK,
                       GUBBI-TUMAKURU DISTRICT-572 216.

                                                             ...RESPONDENTS
                 (BY SMT.NAVYA SHEKAR, AGA)
                                  -2-
                                                 NC: 2026:KHC:11476
                                             WP No. 36655 of 2025


HC-KAR




     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT    DATED    18/11/2025 ISSUED   BY  THE
RESPONDENT NO.3 BEARING NO.NIL VIDE ANNEXURE-E IN
RESPECT OF THE LAND BEARING SY.NO.101/2 MEASURING 1
ACRE 22 GUNTAS, SITUATED AT HERUR VILLAGE, KASABA
HOBLI, GUBBI TALUK, TUMAKURU DISTRICT, BY ISSUE OF
WRIT OF CERTIORARI AND ETC.

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


CORAM: HON'BLE MR. JUSTICE R DEVDAS


                         ORAL ORDER

Learned Additional Government Advocate takes notice for all the respondents.

2. Learned counsel for the petitioner submits that the application filed by the petitioner has been rejected at the hands of respondent No.3 - Tahsildar, who is not a competent authority. The application was given to the Deputy Commissioner, Tumakuru District, but the impugned endorsement at Annexure-E has been issued by the Tahsildar Gubbi Taluk, who is not the competent authority to consider the application under Section 95 of the Karnataka Land Revenue Act, 1964. It is also the contention of the petitioner that he -3- NC: 2026:KHC:11476 WP No. 36655 of 2025 HC-KAR has purchased the land in question under sale deed dated 30.08.2025, pursuant to the sale deed, he was put in possession, revenue entries were certified in his favour. Application dated 16.09.2025 filed by the petitioner for grant of conversion of the land for non-agricultural use has been rejected by the Tahsildar.

3. This Court has held in several such cases, including W.P.No.5721/2021 dated 05.08.2025 that when the petitioner has purchased the lands from the khatedar of the land in question and admittedly his name is reflected in the RTC, the Deputy Commissioner could not have issued such an endorsement. 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. Further it is the Deputy Commissioner who is the competent authority to consider the conversion application and respondent No.3-Tahsildar could not have issued such an endorsement.

-4-

NC: 2026:KHC:11476 WP No. 36655 of 2025 HC-KAR

4. Accordingly, the writ petition is disposed of. The impugned endorsement at Annexure-E dated 18.11.2025 issued by the Tahsildar, Gubbi Taluk is 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.

Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.

Sd/-

(R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 31