Karnataka High Court
Mudukappa S/O Rangappa Marabannavar vs The Deputy Commissioner on 10 January, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:629
WP No. 100066 of 2024
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. 100066 OF 2024 (KLR-CON)
BETWEEN:
MUDUKAPPA S/O RANGAPPA MARABANNAVAR
AGED 43 EYARS, OCC. KSRTC DRIVER,
R/O. KELAGINI ONI, GOKUL,
TQ. HUBBALLI, DIST. DHARWAD
...PETITIONER
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
THE DEPUTY COMMISSIONER
DHARWAD DISTRICT, DHARWAD.
...RESPONDENT
(BY SRI. V.S.KALASURMATH, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
SUJATA
SUBHASH ENDORSEMENT ORDER DATED NIL BEARING NO. NIL PRODUCED AS
PAMMAR
ANNEXURE-B ISSUED BY THE RESPONDENT IN RESPECT OF THE
Digitally signed
by SUJATA
SUBHASH LAND BEARING SY. NO. 76/1 MEASURING 1 ACRE 21 GUNTAS
PAMMAR
Date: 2024.01.17
00:38:11 -0800 SITUATED AT GOKUL, TQ. HUBBALLI, DIST. DHARWAD BY ISSUE OF
WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR
DIRECTIONS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:629
WP No. 100066 of 2024
ORDER
Petitioner is the owner of land bearing Sy. No.76/1
measuring 1 acre 21 guntas situated at Gokul, Tq. Hubballi,
Dist. Dharwad. An application submitted by the petitioner for
converting the land in question for residential purpose was
rejected by the respondent based upon report of Hubballi
Dharwad Urban Development Authority. Being aggrieved, the
petitioner has filed this writ petition.
2. Learned counsel for the petitioner would submit
that the land in question falls within the Corporation limits of
Hubli - Dharwad City Municipal Corporation and as such there
is no requirement to obtain prior permission for converting the
land in question for the purpose for which it is reserved in the
master plan published by the Planning Authority concerned.
3. On the other hand, learned High Court Government
Pleader would submit that endorsement issued is justified, and
the respondent has rightly rejected the application filed by the
petitioner seeking permission to divert the land in question for
the residential purposes.
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4. I have considered the submissions of the learned
counsel for the parties.
5. It is not in dispute that the land in question is
situated within the Corporation 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.
6. 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
NC: 2024:KHC-D:629
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.
Sd/-
JUDGE
RSH
