Karnataka High Court
Seema W/O Anilkumar Aliyas Anil Surya vs The State Of Karnataka R/By Its ... on 21 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:4245
WP No. 101167 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 101167 OF 2024 (KLR-CON)
BETWEEN:
SEEMA W/O ANILKUMAR @ ANIL SURYA
AGED: 40 YEARS,
OCC: AGRICULTURE AND BUSINESS
R/AT VINAYAK NAGAR
SHIKARIPUR, DIST: SHIVAMOGGA
PRESENTLY AT VILLA NO. 137,
CHIKKAJALA HOBLI, BENGALURU NORTH
...PETITIONER
(BY SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF REVENE
M S BUILDING, BANGALORE 01
Digitally
signed by
SUJATA 2. THE DEPUTY COMMISSIONER
SUBHASH
SUJATA
SUBHASH PAMMAR
OFFICE OF DEPUTY COMMISSIONER
PAMMAR Date: DHARWAD 580001
2024.02.28
22:56:07 - ...RESPONDENTS
0800
(BY SRI V.S.KALASURMATH, ADVOCATE.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
CERTIORARI, QUASHING THE IMPUGNED ENDORSEMENT DATED NIL
ISSUED BY 2ND RESPONDENT (I.E. DEPUTY COMMISSIONER) WHICH
IS PRODUCED AT ANENXURE-F CONSEQUENTLY ALLOW THE
APPLICATION OF PETITIONER DATED. 13.12.2023 WHICH IS
PRODUCED AT ANNEXURE-F, AND ETC.,.
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NC: 2024:KHC-D:4245
WP No. 101167 of 2024
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner asserts that she is the owner of the land
bearing Block No.32/1A measuring 26 acres 37 guntas, situated
at Manasura Sannasomapur village in Dharwad taluk of
Dharwad district. The petitioner filed an application under
section 95 of the Karnataka Land Revenue Act with the 2nd
respondent on 13.12.2023. The 2nd respondent rejected the
application without assigning any reason. The petitioner claims
that the subject land falls within the limits of Hubballi Dharwad
Municipal Corporation, and in the Master Plan published by the
planning authority, the subject land is designated for residential
purposes.
2. The petitioner has annexed the copy of the
corporation limit map, which indicates that the subject land is
situated in 74 Assembly Constituency, Ward No.18, falling
within the limits of Hubballi Dharwad Municipal Corporation.
3. It is not in dispute that the land in question is
situated within the Corporation limits of Hubli-Dharwad
NC: 2024:KHC-D:4245
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.
4. 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 and the land is deemed to have been
converted for the purposes for which it is reserved in the
master plan published by the Planning Authority. Therefore, the
requirement of seeking permission to divert the land in
question for the residential purposes is not necessary.
5. Having held that the provisions of the Karnataka
Land Revenue Act ceases to apply to the lands falling within the
NC: 2024:KHC-D:4245
Corporation limit, the planning authority at the time of
sanctioning of the development plan shall not insist the
petitioner to deposit the conversion fees prescribed in the
Karnataka Land Revenue Act.
6. With these observations, the writ petition stands
disposed of.
Sd/-
JUDGE
MRK
CT:CNB
