Karnataka High CourtAdministrative and Public LawProperty and Real Estate Law

Karnataka HC Upholds Order To Remove Construction On Farmland Built Without Conversion, While Leaving Compounding Application Open

SRI SHUBHAM SHARMAv.THE STATE OF KARNATAKA

Karnataka HC Upholds Order To Remove Construction On Farmland Built Without Conversion, While Leaving Compounding Application Open. SRI SHUBHAM SHARMA vs THE STATE OF KARNATAKA. Karnataka High Court. LawLens
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In brief

The question

1. Whether the Tahsildar’s order dated 02.02.2024 should be set aside pending consideration of the application made to the Deputy Commissioner under Section 96(4) of the Karnataka Land Revenue Act, 1964

The court held

The writ petitions were rejected, with the Court following the Coordinate Bench’s observations and declining to interfere with the Tahsildar’s order

It also directed

The application before the Deputy Commissioner under Section 96(4) was left open for consideration in accordance with law

01Facts

The petitioners challenged the Tahsildar’s order dated 02.02.2024 directing removal of encroachment and recovery of costs in relation to construction on agricultural land

p. 5

They contended that the Deputy Commissioner had been approached under Section 96(4) of the Karnataka Land Revenue Act, 1964, to compound the diversion, and that the Tahsildar’s order should be set aside pending consideration of that application

pp. 5–6

A Coordinate Bench had already dismissed petitions challenging the same Tahsildar’s order, finding no infirmity in the action concerning construction on agricultural land without conversion permission

pp. 6–8

02Issues

i.1. Whether the Tahsildar’s order dated 02.02.2024 should be set aside pending consideration of the application made to the Deputy Commissioner under Section 96(4) of the Karnataka Land Revenue Act, 1964

pp. 5–6

ii.2. Whether the Court should interfere with the challenged order when a Coordinate Bench had already declined to interfere with that same order

pp. 6, 8–9

03Law Applied

Section 95 of the Karnataka Land Revenue Act, 1964 concerns the use of agricultural land for non-agricultural purposes, including the requirement for conversion permission; the Coordinate Bench treated construction on agricultural land without such permission as contrary to that provision

p. 7

The petitioners relied on Section 96(4), asserting that the Deputy Commissioner could compound unauthorised diversion, but the Court did not determine the merits or effect of that provision in these petitions

pp. 5–6, 9

The Coordinate Bench also relied on Rajendra Kumar Barjatya and Another v. U.P. Avas Evam Vikas Parishad and Others, 2024 SCC OnLine SC 3767, in support of its conclusion that development of agricultural land without following conversion procedure could not be accepted by the authorities

p. 8

Provisions in the judgment · 2

Karnataka Land Revenue Act, 1964 Section 96Section 95

04Reasoning

The Court noted that the same Tahsildar’s order had already been considered by a Coordinate Bench, which found no infirmity in the action taken in respect of construction on agricultural land without conversion permission

pp. 6–8

In view of that decision, the Court declined to pass an order contrary to the Coordinate Bench’s ruling

p. 8

It did not decide whether the Section 96(4) application warranted compounding or affected the Tahsildar’s order; it left that application for consideration according to law

p. 9

05Holding

The writ petitions were rejected, with the Court following the Coordinate Bench’s observations and declining to interfere with the Tahsildar’s order

p. 9

The application before the Deputy Commissioner under Section 96(4) was left open for consideration in accordance with law

p. 9
Karnataka High Court

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SRI SHUBHAM SHARMAvsTHE STATE OF KARNATAKA

Karnataka High Court · October 30, 2026

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