After Other Plots In The Same Survey Number Were Converted, Karnataka HC Orders Fresh Review Of Teacher’s Commercial-Use Bid

The petitioner owned 31 guntas and 8 annas in Sy. No. 220/A5/4, of which 13 guntas had been acquired by the National Highways Authority of India, leaving 18 guntas and 8 annas.

She applied to convert the remaining land from agricultural to commercial use.

The Tahasildar recommended rejection on the grounds that the land had originally been granted for agricultural purposes and that information concerning its possible classification as “deforest land” was unavailable; the Assistant Commissioner supported that recommendation, and the Deputy Commissioner rejected the application.

The petitioner relied on orders permitting conversion of other portions of the same survey number, alleging discriminatory treatment.

She challenged the rejection and sought reconsideration of her conversion application.

The petition was brought under Articles 226 and 227 of the Constitution of India.

The Court applied the principles that an administrative rejection must disclose its actual grounds and that a decision-maker reconsidering an application must address relevant material, including evidence that comparable portions of the same survey number have received conversion permission, and determine the matter in accordance with law.

The Court found that the rejection relied on the Tahasildar’s report, while the record showed that other portions of Sy. No. 220 had been permitted to be converted to non-agricultural use.

The Deputy Commissioner’s order did not clarify whether the application was rejected because the land had to remain agricultural or because information about its possible “deforest land” classification was unavailable.

Given the comparable conversion orders and the ambiguity in the stated basis for rejection, the Court held that the application required reconsideration, with the authority addressing the relevant grounds and providing a specific reasoned decision.

If relying on the agricultural-use ground, the Deputy Commissioner must consider the conversion orders relating to other portions of the same survey number; if relying on the “deforest land” issue, the authority must ascertain the relevant classification information and decide accordingly.