Shri Vasu Vishnukanthsa Habib vs The Huballi-Dharwad Municipal ...
2023 Latest Caselaw 7485 Kant

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                                                        NC: 2023:KHC-D:12815
                                                          WP No. 103354 of 2023




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 2ND DAY OF NOVEMBER, 2023

                                               BEFORE
                           THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                            WRIT PETITION NO. 103354 OF 2023 (KLR-CON)

                      BETWEEN:

                      SHRI. VASU VISHNUKANTHSA HABIB,
                      AGE: 59 YEARS, OCC: AGRIL. & BUSINESS,
                      R/O. WALVEKAR PLOT, KESHWAPUR,
                      TQ: HUBBALLI, DIST: DHARWAD-580023.

                                                                   ...PETITIONER
                      (BY SRI. DINESH M. KULKARNI, ADVOCATE)

                      AND:

                      1.    THE HUBALLI-DHARWAD MUNICIPAL CORPORATION,
                            LAMINGTON ROAD, HUBBALLI,
                            DIST: DHARWAD-580020,
                            REP. BY ITS COMMISSIONER.
MOHANKUMAR
B SHELAR              2.    HUBBALLI-DHARWAD URBAN
                            DEVELOPMENT AUTHORITY,
Digitally signed by
MOHANKUMAR B
SHELAR                      NAVANAGAR, HUBBALLI-580020,
Date: 2023.11.07
15:48:17 +0530              REP. BY ITS COMMISSIONER.

                      3.    THE DEPUTY COMMISSIONER,
                            DHARWAD, TQ. & DIST: DHARWAD-580001.

                      4.    THE TAHASILDAR,
                            HUBBALLI TALUK, HUBBALLI,
                            DIST: DHARWAD-580020.

                                                                ...RESPONDENTS

                      (BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R3 & R4)
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                                    NC: 2023:KHC-D:12815
                                      WP No. 103354 of 2023




    THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA, PRAYING THIS COURT TO, ISSUE A
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION
DATED. 02/03/2022 VIDE ANNEXURE-F AND TO PASS
APPROPRIATE ORDER.

       THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:


                           ORDER

1. The petitioner's application seeking conversion of

land from commercial use to residential use was rejected by

Deputy Commissioner, Dharwad, in terms of the order dated

17.11.2017. The said order is questioned before the Karnataka

Appellate Tribunal, Bengaluru. The appeal is allowed vide order

dated 30.01.2020 and the order passed by the Deputy

Commissioner is set aside and matter is remanded to the

Deputy Commissioner, Dharwad for consideration in accordance

with law keeping in mind the observations made in the said

judgment. Subsequent to the disposal of the appeal referred to

above, Deputy Commissioner, Dharwad has addressed a letter

to the Commissioner of Hubli-Dharwad, Urban Development

Corporation, Hubli seeking information. Thereafter, it appears

that there is no progress in the matter. The petitioner has

NC: 2023:KHC-D:12815 WP No. 103354 of 2023

submitted representation dated 02.03.2022. The said

application is not yet processed.

2. Under these circumstances, respondent

No.3-Deputy Commissioner, Dharwad, shall consider

petitioner's application in the light of the observations made by

Karnataka Appellate Tribunal in Appeal No.298/2018 within one

month from the date of receipt of certified copy of this order.

The decision shall be communicated to the petitioner within 45

days from the date of receipt of certified copy of this order.

Sd/-

JUDGE

GVP