High Court of Karnataka Directs Revenue Authorities to Consider Phodi Application for Granted Land — Petitioners Seek Conversion of Agricultural Land for Non-Agricultural Use Under Karnataka Land Revenue Act, 1964. Court Held That Authorities Cannot Refuse to Accept Applications and Must Process Them in Accordance with Law.

High Court: Karnataka High Court Bench: BENGALURU

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2026-05-18 14:58:30

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Case Note & Summary

The petitioners, claiming to be owners of 5 acres of land in Sy.No.1 of M.Satyawara Village, Sulibele Hobli, Hoskote Taluk, Bangalore Rural District, filed a writ petition under Articles 226 and 227 of the Constitution of India. They alleged that the land was granted to their predecessor-in-title in 1939-40 and that they had applied for phodi (conversion of agricultural land for non-agricultural use) before the respondent authorities, but the authorities refused to accept their applications, citing lack of clarity on a government order. The petitioners sought a direction to the respondents to accept their applications and conduct phodi. The court, after hearing the counsel for the petitioners and the Additional Government Advocate for the respondents, observed that the authorities cannot refuse to accept applications for phodi. The court directed the respondents to accept the petitioners' applications, either manually or through online mode, and to consider and pass appropriate orders on them in accordance with law within three months from the date of receipt of the applications. The petition was disposed of with these directions.

Headnote

A) Land Revenue - Phodi - Conversion of Granted Land - Sections 95, 96, 97 of Karnataka Land Revenue Act, 1964 - Petitioners claimed ownership of 5 acres of land granted to their predecessor-in-title in 1939-40 and sought phodi for non-agricultural use - Respondents refused to accept applications citing lack of clarity on government order - Court held that the authorities cannot refuse to accept applications and must consider them in accordance with law - Directed respondents to accept applications and process them within three months (Paras 1-4).

Issue of Consideration

Whether the respondent authorities are obligated to accept and process the petitioners' applications for phodi (conversion) of granted land in Sy.No.1 of M.Satyawara Village.

Final Decision

The court directed the respondent authorities to accept the petitioners' applications for phodi, either manually or through online mode, and to consider and pass appropriate orders on them in accordance with law within three months from the date of receipt of the applications. The petition was disposed of.

Law Points

Phodi
Grant of land
Conversion of agricultural land
Karnataka Land Revenue Act
1964
Articles 226 and 227 of Constitution of India

Case Details

NC: 2024:KHC:47226

WP No. 29448 of 2024 (KLR-RES)

2024-11-21

M.I.Arun

NC: 2024:KHC:47226

Sharath S. Gowda (for petitioners), Harisha A.S. (AGA for respondents)

Nature of Litigation

Writ petition under Articles 226 and 227 of the Constitution of India seeking direction to revenue authorities to accept and process applications for phodi (conversion) of granted land.

Remedy Sought

Petitioners sought a direction to the respondent authorities to conduct phodi in respect of 5 acres of land in Sy.No.1 of M.Satyawara Village by accepting their applications either manually or through online mode.

Filing Reason

Respondent authorities refused to accept the petitioners' applications for phodi, citing lack of clarity on a government order.

Issues

Whether the respondent authorities are obligated to accept and process the petitioners' applications for phodi of granted land.

Submissions/Arguments

Petitioners submitted that they are owners of 5 acres of land granted to their predecessor-in-title in 1939-40, and they applied for phodi but authorities refused to accept applications. Respondents argued that there is lack of clarity on a government order regarding phodi of granted lands.

Ratio Decidendi

Revenue authorities cannot refuse to accept applications for phodi (conversion) of land; they must accept and process such applications in accordance with law.

Judgment Excerpts

The petitioners are said to be owners of 5 acres of land, which is said to have been granted to their predecessor-in-title in Sy.No.1 of M.Satyawara Village... The respondent authorities cannot refuse to accept the applications for phodi. The respondents are directed to accept the applications of the petitioners for phodi... and consider the same and pass appropriate orders in accordance with law within three months from the date of receipt of the applications.

Procedural History

The petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, which was heard on 21st November 2024 and disposed of with directions.