Case Note & Summary
The petitioner, M/s Aayana Renewable Power Six Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the Deputy Commissioner, Gadag, to issue a certificate of conversion for land bearing Sy.No.353/7 measuring 1 acre 00 guntas situated in Lakkundi Village, Gadag. The petitioner had applied for conversion of agricultural land for non-agricultural use under the Karnataka Land Revenue Act, 1964. The petitioner submitted that the respondent failed to communicate any order within the prescribed period under the Act, and therefore, the application is deemed to have been allowed. The petitioner relied on a representation dated 09.01.2025 (Annexure-F) to assert deemed conversion. The court, after hearing the parties, held that since the respondent did not communicate any order within the prescribed period, the application is deemed to have been allowed. The court directed the respondent to issue the certificate of conversion within two weeks from the date of receipt of the order. The writ petition was allowed with the above direction.
Headnote
A) Land Revenue - Deemed Conversion - Sections 95, 96, 97 of Karnataka Land Revenue Act, 1964 - Petitioner applied for conversion of agricultural land for non-agricultural use; respondent failed to communicate order within the prescribed period - Held that the application is deemed to have been allowed and petitioner is entitled to a certificate of conversion (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to a certificate of conversion for agricultural land based on deemed conversion under the Karnataka Land Revenue Act, 1964, when the respondent failed to communicate the order within the prescribed period.
Final Decision
The writ petition is allowed. The respondent is directed to issue a certificate of conversion for the land bearing Sy.No.353/7 measuring 1 acre 00 guntas situated in Lakkundi Village, Gadag, within two weeks from the date of receipt of the order.
Law Points
- Deemed conversion
- Writ of Mandamus
- Karnataka Land Revenue Act
- 1964
- Section 95
- Section 96
- Section 97
- Limitation for conversion application
- Non-communication of order within prescribed period
Case Details
2025 LawText (KAR) (01) 29
WP No. 100422 of 2025 (KLR-CON)
Sri. Vikram Huilgol (Sr. Counsel) rep. by Sri. Abhinay S, Advocate; Sri. M.M. Khannur, AGA
M/s Aayana Renewable Power Six Private Limited
The Deputy Commissioner, Gadag
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to direct the Deputy Commissioner to issue a certificate of conversion for agricultural land.
Remedy Sought
Petitioner seeks a writ of mandamus directing the respondent to issue a certificate of conversion for land bearing Sy.No.353/7 measuring 1 acre 00 guntas in Lakkundi Village, Gadag, based on deemed conversion.
Filing Reason
The respondent failed to communicate any order on the petitioner's conversion application within the prescribed period under the Karnataka Land Revenue Act, 1964, leading to a claim of deemed conversion.
Issues
Whether the petitioner is entitled to a certificate of conversion based on deemed conversion under the Karnataka Land Revenue Act, 1964, due to non-communication of order within the prescribed period.
Submissions/Arguments
Petitioner's counsel submitted that the respondent did not communicate any order within the prescribed period, and therefore the application is deemed to have been allowed. He also submitted that he would not rely on sale deeds at Annexures-C and D.
Respondent's counsel (AGA) accepted notice but no specific arguments are recorded in the judgment.
Ratio Decidendi
Under the Karnataka Land Revenue Act, 1964, if the Deputy Commissioner fails to communicate an order on a conversion application within the prescribed period, the application is deemed to have been allowed, and the applicant is entitled to a certificate of conversion.
Judgment Excerpts
Counsel for the petitioner submits that he shall not be relying on the sale deed at Annexures-C and D.
The petitioner is before this Court seeking for the following reliefs: ... Issue a writ, order or direction, more in the nature of Writ of Mandamus ... directing the R1 to issue a certificate of conversion for the land bearing Sy.No.353/7 ... as the same is a deemed conversion as communicated in the representation dated 09.01.2025 of the petitioner; (Annexure-F)
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India on 23.01.2025. The court heard the matter on the same day and passed the order.
Acts & Sections
- Karnataka Land Revenue Act, 1964: Sections 95, 96, 97
- Constitution of India: Articles 226, 227
