Karnataka High Court
Maharudrappa S/O Parameshwarapp ... vs The Deputy Commissioner on 11 December, 2023
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NC: 2023:KHC-D:14558
WP No. 106864 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 106864 OF 2023 (KLR-CON)
BETWEEN:
MAHARUDRAPPA S/O. PARAMESHWARAPPA HATARAKI,
AGE ABOUT 51 YEARS, OCC: AGRICULTURE,
RESIDENT OF MALAPUR, TQ. DHARWAD,
DIST: DHARWAD, PIN CODE-580008.
...PETITIONER
(BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
DHARWAD, DISTRICT DHARWAD,
PIN CODE-580004.
2. THE TAHASILDAR
DHARWAD, DISTRICT DHARWAD,
PIN CODE-580001.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2)
Digitally signed
by
MOHANKUMAR
MOHANKUMAR B SHELAR
B SHELAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
Date:
2023.12.14
11:52:47 +0530 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ENDORSEMENT ORDER DATED 4/11/2023,
PRODUCED AT ANNEXURE-D PASSED BY THE RESPONDENT NO.1 IN
RESPECT AGRICULTURAL LAND BEARING SURVEY NUMBER 16-A-
BLOCK-24 MEASURING 00.04 GUNTE .04 ANNE SITUATED AT
GULAGANJIKOPPA TQ. DHARWAD, DISTRICT DHARWAD AND ISSUE
A WRIT OF MANDAMUS TO THE RESPONDENT NO.1 TO ISSUE THE
CONVERSION ORDER IN RESPECT OF THE LAND OF THE PETITIONER
AGRICULTURAL LAND BEARING SURVEY NUMBER 16-A-BLOCK-24
MEASURING 00.04 GUNTE .04 ANNE SITUATED AT GULAGANJIKOPPA
TQ: DHARWAD, DISTRICT DHARWAD.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:14558
WP No. 106864 of 2023
ORDER
Heard the learned counsel appearing for the petitioner
and the learned counsel for the respondents.
2. The petitioner is questioning the endorsement
dated 04.11.2023 wherein, petitioner's application for
conversion of his agricultural land for non-agricultural use
is rejected by the Deputy Commissioner, Dharwad.
Learned counsel for the petitioner would submit that the
issue involved in this case is covered in terms of the
judgment of this Court in W.P. No.103059/2023 W.P.
No.106035/2023 and W.P. No.106029/2023.
3. Learned counsel for the petitioner would submit
that the petitioner's land is falling within the limits of Hubli
Dharwad Municipal Corporation and in the comprehensive
development plan, and the properties have been
earmarked as the properties for residential use. Learned
Government Advocate does not dispute the fact that the
land is falling within the Hubli Dharwad Municipal
Corporation limits and the same has been earmarked for
NC: 2023:KHC-D:14558
residential use in the comprehensive development plan.
Learned Government Advocate makes this submission
based on the report of the Tahsildar as well as the report
of the Hubli Dharwad Urban Development Authority.
4. Since, the application is filed for conversion to
residential use, the petition has to be allowed and the
impugned endorsement has to be set-aside.
Accordingly, this petition is allowed, as prayed for.
Impugned order is set-aside and the land bearing Sy.
No.16-A-Block-24, measuring 00.04 Gunte .04 Anne,
situated at Gulaganjikoppa village, Dharwad Taluk, is
declared to be converted for non agriculture use.
Sd/-
JUDGE
CHS
