Karnataka High Court
Shri Manoj Patel S/O Ratansi Patel vs The State Of Karnataka on 10 January, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:633
WP No. 101454 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 101454 OF 2023 (KLR-CON)
BETWEEN:
1. SHRI MANOJ PATEL S/O RATANSI PATEL
AGED 40 YEARS, RESIDING AT #CTS NO.178/B/5,
PLOT NO.4, CHENNAMMA COLONY, MAHANTESH
NAGAR, BELAGAVI - 590016
2. SHRI ROMIT PATEL S/O RATANSI PATEL
AGED 40 YEARS, RESIDING AT CTS NO.178/B/5,
PLOT NO 4, CHENNAMMA COLONY, MAHANTESH
NAGAR, BELAGAVI 590016.
...PETITIONERS
(BY SRI. SURAJ MUTNAL S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF
REVENUE, REPRESENTED BY ITS SECRETARY
M S BUILDING, AMBEDKAR VEEDHI, BENGALURU
SUJATA 560001
SUBHASH
PAMMAR 2. THE DEPUTY COMMISSIONER, D C OFFICE, KHADE
Digitally signed by BAZAR, RAVIVAR PETH, BELAGAVI, PIN 590001.
SUJATA SUBHASH
PAMMAR
Date: 2024.01.17 3. THE COMMISSIONER
00:44:47 -0800
BELGAVI URBAN DEVELOPMENT AUTHORITY (BUDA)
NH-4, ASHOK NAGAR, BELAGAVI-590016
4. THE SPECIAL LAND ACQUISITION OFFICER
BELGAVI URBAN DEVELOPMENT AUTHORITY(BUDA)
NH-4, ASHOK NAGAR, BELAGAVI - 590016
...RESPONDENTS
(BY SRI V S KALASURMATH, HCGP FOR R1 & R2,
SRI M A HULYAL, ADVOCATE R4)
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NC: 2024:KHC-D:633
WP No. 101454 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN
THE NATURE OF CERTIORARI OR ANY OTHER DIRECTION TO
QUASH THE IMPUGNED ORDER REJECTED DATED 30.08.2022
PASSED BY RESPONDENT NO. 2 PRODUCED AS ANNEXURE-F
AND ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY
OTHER APPROPRIATE DIRECTION DIRECTING RESPONDENT
NO.2 TO CONSIDER THE APPLICATIONS AFFIDAVIT OF
PETITIONERS PRODUCED AS ANNEXURE-E AND FURTHER
DIRECT THE RESPONDENT NO. 2 TO ISSUE ORDER OF
CONVERSION CONVERTING THE LAND OF PETITIONER FOR
NON AGRICULTURE PURPOSE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN `B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are the absolute owners and in possession
of agricultural land bearing RS No.775*/1 situated at Belagavi
village, Belagavi Hobli, Tal and Dist:Belagavi measuring 18
guntas situated within the limits of Belagavi Munipal
Corporation.
2. The order dated 30.8.2022 passed by the
respondent No.2 in exercise of power under Section 95 of the
Karnataka Land Revenue Act, by which, the petitioners'
applications for diverting the land for residential purpose have
been rejected is impugned in this writ petition.
3. The learned counsel for the petitioners would
submit that the land in question falls within the Corporation
limits of Belagavi City Municipal Corporation and as such there
is no requirement to obtain prior permission for converting the
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land in question for the purpose for which it is reserved in the
master plan published by the Planning Authority concerned.
4. On the other hand, learned High Court Government
Pleader for the respondents No.1 and 2 would submit that
endorsement issued is justified, and the respondents have
rightly rejected the applications filed by the petitioners seeking
permission to divert the land in question for the residential
purposes.
5. Considered the submissions of the learned counsel
for the parties.
6. It is not in dispute that the land in question is
situated within the Corporation limits of Belagavi 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.
7. In view of the law laid down by this Court in the
aforesaid case, it is held that there is no requirement for the
petitioners to seek permission to divert the land in question for
NC: 2024:KHC-D:633
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. With this
observation, the writ petition stands disposed off. Accordingly, I
pass the following:
ORDER
i) The petition stands allowed.
ii) The impugned order dated 30.8.2022 passed by the
respondent No.2 at Annexure-F is hereby quashed.
iii) The petitioners are permitted to utilize the subject
land for residential purpose in-conformity with the Master Plan,
2021 published by the Belgavi Urban Development Authority in
accordance with law.
Sd/-
JUDGE
BKM
