Goolappa Basappa Hubballi S/O ... vs The Deputy Commissioner
2021 Latest Caselaw 7157 Kant

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              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

          DATED THIS THE 23rd DAY OF DECEMBER 2021

                             BEFORE

    THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

           WRIT PETITION No.105312/2021 (KLR-CON)

Between

Goolappa Basappa Hubballi,
Aged about 46 years,
S/o Basappa Hubballi,
Occ: Agriculture,
r/o Dyamavvana Gudi Oni,
Rayapur, Dharwad-580009.                              ...Petitioner

(By Sri. Veeresh Budihal, Advocate)

And

The Deputy Commissioner,
Office of the Deputy Commissioner,
Dharwad District,
Dharwad-580001.                                     ...Respondent

(By Smt. Girija S.Hiremath, HCGP)

       This Writ Petition is filed under Articles 226 & 227 of the
Constitution of India praying to declare that the petitioner has
the deemed conversion to use agricultural property bearing block
no.176 measuring 16 gunta of land situated in rayapur village of
dst.and taluq.dharwad, for residential use; and permit the
petitioner herein to divert the agricultural property bearing block
no.176 measuring 16 gunta of land situated in Rayapur Village of
Dst. and Taluq.Dharwad, for residential use.
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      This Writ Petition coming on for Preliminary Hearing this
day, the Court made the following:


                                 ORDER

Petitioner submitted an application under Section 95 of the

Karnataka Land Revenue Act, 1964, so as to permit him to divert

the land bearing Block No.176 measuring 16 guntas situated at

Rayapur Village of Dharwad Taluk for residential purpose.

Petitioner's grievance is that the Deputy Commissioner

concerned has not acted upon the application submitted by the

petitioner on the ground that the land appears to have been

acquired by the Hubli-Dharwad Urban Development Authority

which is factually incorrect in view of the endorsement issued by

the Hubli-Dharwad Urban Development Authority on 21.03.2018.

2. Be that as it may, admittedly, the land in question

falls within the limits of Hubli-Dharwad Municipal Corporation. A

co-ordinate Bench of this Court in W.P. No.105734 of 2016

disposed of on 21.02.2018 has held that if the land falls within

the Corporation limits, the provisions of Karnataka Land Revenue

Act ceases to apply to the said land. The order passed in the said

writ petition was confirmed by the Division Bench of this Court in

W.A. No.100124 of 2018. In an appeal filed before the Hon'ble

Supreme Court by the Urban Development Authority against the

judgment passed in the said writ appeal, the Hon'ble Supreme

Court confirmed the order passed by this Court. Hence, there is

no requirement for the petitioner to obtain.

3. In view of the law laid down by this Court in the

aforesaid case, it is held that there is no requirement for the

petitioner to seek permission to divert the land in question for

the residential purposes. Therefore, the requirement of seeking

permission to divert the land in question for the residential

purposes is not necessary. With this observation, the writ

petition stands disposed of.

Sd/-

JUDGE Kms