THE STATE OF KARNATAKA vs DEEPAK S/O MALLU KANKONAKAR
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17908-DB
WA No. 100489 of 2026
CNR: KAHC020147262026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
AND
THE HON'BLE MRS JUSTICE HEMA KULKARNI
WRIT APPEAL NO.100489 OF 2026 (LB-RES)
BETWEEN:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE, VIKAS SOUDHA,
BENGALURU, BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER,
UTTAR KANNADA – 581 301.
3. THE PDO,
GRAM PANCHAYAT RAMNAGAR,
TAL: JOIDA, DIST: KARWAR – 581 453.
… APPELLANTS
(BY SRI. RAKESH M. BILKI, GA)
AND:
DEEPAK S/O. MALLU KANKONAKAR,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: H.NO. 17, RAMNAGAR – 581 453,
TAL: JOIDA, DIST: KARWAR (UK).
… RESPONDENT
Digitally signed
by RAKESH S
HARIHAR
Location: High
Court of
Karnataka,
Dharwad
Bench
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HC-KAR
NC: 2026:KHC-D:17908-DB
WA No. 100489 of 2026
CNR: KAHC020147262026
THIS WRIT APPEAL IS FILED U/S. 4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO CALL FOR RECORDS TO ALLOW
THE WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER
PASSED BY LEARNED SINGLE JUDGE OF THIS HON’BLE COURT
IN W.P NO.100411/2025 DATED 28.02.2025 AS UN-
EXECUTABLE AND BAD IN LAW. AND. TO MOLD THE RELIEF IN
THE INTEREST OF JUSTICE BY DIRECTING THE APPELLANTS
(REVENUE DEPARTMENT) AND PROPOSED RESPONDENTS 2 AND
3 (CENTRAL GOVT., AND FOREST DEPARTMENT) TO
SEQUENTIALLY PROCESS THE 603 ACRES 10 GUNTAS JOINT
SURVEY MAPS FOR FORMAL CENTRAL AND
DE-RESERVATION/DISFORESTING UNDER SECTION 2 OF
FOREST (CONSERVATION) ACT 1980 AND ETC.
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
AND
HON'BLE MRS JUSTICE HEMA KULKARNI
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA )
1. The State is before this Court, calling in question
an order of the learned Single Judge dated 28.02.2025.
2. Heard Shri Rakesh M.Bilki, learned Government
Advocate appearing for the appellants.
3. The respondent-writ petitioner, claiming to be
the owner of the land bearing Sy.No.243/ B/
374+375+376, plot No.671 measuring 4 acres and 38
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NC: 2026:KHC-D:17908-DB
WA No. 100489 of 2026
CNR: KAHC020147262026
guntas situated at Ramnagar (Akrali) Village, Joida Taluka,
Uttara Kannada District intended to convert his land and,
therefore, sought a No Objection Certificate from the third
appellant, the Panchayat Development Officer of the Gram
Panchayat of Ramnagar.
4. An endorsement was issued by the third
respondent for submission of a survey map. The writ
petitioner then applied for an 11-E sketch and other
documents from the Revenue Department, but the same
were not furnished. Therefore, they approached this Court
in Writ Petition No.100411 of 2025.
5. The learned Single Judge, by the following order,
allowed the petition and disposed of the same, directing
compliance within six months by conducting a survey of the
entire area. The same reads as follows:
“1. The petitioner is before this Court seeking for
the following reliefs:
i. Issue a writ in the nature of
Mandamus directing Respondent
No.3 to issue the No Objection
Certificate (NOC) in favor of the
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HC-KAR
NC: 2026:KHC-D:17908-DB
WA No. 100489 of 2026
CNR: KAHC020147262026
Petitioner, as per Annexure-A
without insisting on the submission
of a survey map.
ii. Pass any other writ, order, or
direction as this Hon’ble Court may
deem fit and proper in the interest
of justice and equity.
2. The contention of the petitioner is that the
petitioner is the owner of the land bearing
Sy.No.243/B/374+375+376, plot No.671,
measuring 4 acres 38 guntas situated at
Ramnagar (Akrali) village, Tq: Joida, Dist:
Uttara Kannada. The petitioner wanting to
convert the said agriculture land for non-
agriculture commercial purposes had sought
for ‘no objection certificate’ (NOC) from
respondent No.2. Inspection was carried out of
the property but, the application was kept
pending. Hence, the petitioner made a
representation to respondent No.3-PDO of the
Ramnagar Gram Panchayat seeking for NOC.
Respondent No.3 issued endorsement on
30.12.2024 requesting for submission of
survey map. The petitioner sought to apply for
the 11E sketch, Location Map, PT sheet,
Akarbandh, from the Revenue Department but,
the same was not furnished and it is in that
background that the petitioner is before this
Court seeking for the aforesaid reliefs.
3. Sri Mallikarjunswamy B.Hiremath., learned
counsel appearing for respondent No.3-PDO
had submitted that PDO is unable to issue the
NOC for the reason that there are no records
available as regards the land of the petitioner
and certain other lands. There being land in 3
villages, which were taken up for rehabilitation
work and these details not being entered into
in the relevant records, OnLine or otherwise,
NOC cannot be issued by the PDO. His further
submission is that property details of the
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petitioner and the number were not mentioned
in the original plan.
4. The petitioner had further contended that an
affidavit had been filed by the ADLR in CCC
No.100221/2024 that a survey has not been
conducted in respect of the above village and it
is in that background, he contended that an
exemption would have to be made for the
petitioner directing consideration of the
conversion application without insistence of the
survey map.
5. In the background of the above submissions
made by the counsel for the petitioner and
respondent No.3, learned AGA was directed to
secure the instructions and make submission
as to whether any survey has been carried out,
whether the properties have been demarcated
in respect of the rehabilitation project, today
learned AGA submits that no such survey has
been carried out, allotment of plots have been
made to displaced persons of which petitioner
maybe one of them and it is in that
background that the request made by the
petitioner for issuance of survey sketch, could
not be issued.
6. Though the above petition has been filed by
the petitioner only in respect of his land as
indicated above, what does come forth while
considering the above petition is that the lands
in three villages, which have been used for
rehabilitation where allotments and grants
have been made to several persons, there are
no revenue records which are available. As
such, putting at risk the title, enjoyment of
those properties by the petitioner and similarly
situated persons.
7. In view thereof, respondent No.1 is directed to
workout a suitable plan for surveying the entire
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area, carry out a survey of the land of each of
the allottee/grantee and cause entry of the
same in the relevant records and registers.
Thereafter, process the application of the
petitioner and issue the documents required for
the purpose of consideration of the application
under Section 95 of the Karnataka Land
Revenue Act for conversion of the aforesaid
land. The entire process to be completed within
a period of 6 months from the date of receipt
of a copy of this order.
8. With above observations, the petition stands
disposed of .”
6. The learned Government Advocate submits that
the survey has also been undertaken pursuant to the
directions of the learned Single Judge.
7. Even otherwise, we do not find any error
apparent in law or perversity in the order of the learned
Single Judge. This being an intra-Court appeal, it cannot be
that the Division Bench would interfere in each and every
case calling in question the orders of the learned Single
Judge.
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NC: 2026:KHC-D:17908-DB
WA No. 100489 of 2026
CNR: KAHC020147262026
8. There is no warrant for interference with the
order of the learned Single Judge. Finding no merit in the
appeal, the appeal stands rejected .
9. In the light of the plea that a survey of 2,000
acres has to be conducted, as directed by the learned
Single Judge, we deem it appropriate to extend the time
limit of six months granted on 28.02.2025 by a further
period of eight weeks from today.
Sd/-
(M.NAGAPRASANNA)
JUDGE
Sd/-
(HEMA KULKARNI)
JUDGE
VNP/CT: ASC
List No.: 1 Sl No.: 5