Karnataka High Court
Hanamantappa S/O Bhimappa Myageri vs The Deputy Commissioner on 31 October, 2025
-1-
NC: 2025:KHC-D:14797
WP No. 106072 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 31ST DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 106072 OF 2024 (KLR-CON)
BETWEEN:
1. HANAMANTAPPA S/O BHIMAPPA MYAGERI,
AGE. 56 YEARS, OCC. AGRICULTURE AND BUSINESS,
R/O. TEACHER'S COLONY, BENGERI-580 023,
TQ. HUBBALLI, DIST. DHARWAD.
2. SMT. PREMA W/O HANAMANTAPPA MYAGERI,
AGE. 45 YEARS, OCC. AGRICULTURE AND BUSINESS,
R/O. TEACHER'S COLONY, BENGERI-580 023,
TQ. HUBBALLI, DIST. DHARWAD.
3. SHRI KUMAR S/O HANAMANTAPPA MYAGERI,
AGE. 34 YEARS, OCC. AGRICULTURE AND BUSINESS,
R/O. TEACHER'S COLONY, BENGERI-580 023,
TQ. HUBBALLI, DIST. DHARWAD.
... PETITIONERS
(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
COURT OF
AND:
KARNATAKA
DHARWAD BENCH
1. THE DEPUTY COMMISSIONER,
DHARWAD DISTRICT, DHARWAD-580 001,
TQ/DIST. DHARWAD.
2. THE COMMISSIONER,
HUBBALLI-DHARWAD URBAN
DEVELOPMENT AUTHORITY,
NAVANAGAR-580 005,
TQ. HUBBALLI, DIST. DHARWAD.
3. THE ASSISTANT DIRECTOR,
TOWN AND COUNTRY PLANNING DEPARTMENT,
-2-
NC: 2025:KHC-D:14797
WP No. 106072 of 2024
HC-KAR
DHARWAD ZONE, MINI VIDHAN SOUDHA,
DHARWAD-580 008.
4. THE ADDITIONAL DIRECTOR,
TOWN AND COUNTRY PLANNING DEPARTMENT,
DHARWAD ZONE, MINI VIDHAN SOUDHA,
DHARWAD-580 008.
5. THE TAHASILDAR,
HUBBALLI TALUK,
HUBBALLI-580 020,
TQ. HUBBALLI, DIST. DHARWAD.
6. THE PANCHAYAT DEVELOPMENT OFFICER,
KUSUGAL GRAM PANCHAYAT,
KUSUGAL-580 023, TQ. HUBBALLI,
DIST. DHARWAD.
... RESPONDENTS
(BY SMT. MALA B. BHUTE, AGA FOR R1 TO R5;
NOTICE TO R6 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF
CERTIORARI QUASH THE IMPUGNED ENDORSEMENT BEARING
NO.J¯ï.J£ï.J:¹Dgï:01:2023-24 DATED 24.07.2024 ISSUED BY THE
1ST RESPONDENT REJECTING THE CLAIM OF THE PETITIONERS
FOR CONVERSION OF THE LAND USE FROM RESIDENTIAL
PURPOSE TO COMMERCIAL PURPOSE AS PER ANNEXURE-A TO
A2 RESPECTIVELY ISSUED TO THE PETITIONERS AND TO ISSUE
A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CHANGE THE
LAND USE FROM RESIDENTIAL TO COMMERCIAL IN RESPECT OF
THE PLOT NO.50, 51, 52, 53 AND 54 COMPRISING OF R.S
NO.811/B OF KUSUGAL VILLAGE COMING UNDER HUBBALLI
TALUKA OF DHARWAD DISTRICT BY CONSIDERING THE
REPRESENTATIONS DATED 01.01.2024 AS PER ANNEXURE-N TO
N2 RESPECTIVELY.
-3-
NC: 2025:KHC-D:14797
WP No. 106072 of 2024
HC-KAR
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)
Heard the learned counsel appearing for the petitioners
and also the learned Additional Government Advocate appearing
for respondents No.1 to 5.
2. The petitioners seek to challenge the endorsement at
Annexure-A dated 24.07.2024 wherein the petitioners'
application for conversion of land is rejected by the Deputy
Commissioner.
3. Learned counsel for the petitioners would submit that
the Deputy Commissioner has not considered their application on
merit and has rejected the same on erroneous ground. It is his
further submission that the land is outside the Town Planning
limit, as such, the application for conversion of land from
residential use to commercial use has to be considered by the
Deputy Commissioner and Deputy Commissioner has to pass the
order on merits.
NC: 2025:KHC-D:14797
HC-KAR
4. Learned Government Advocate on the other hand
would submit that the petitioners on earlier occasion had filed
Writ Petition No.105911/2023 and in the said petition, this Court
has held that the petitioners cannot seek conversion of the
residential site for commercial use and has dismissed the
petition.
5. Learned counsel for the petitioners by way of reply
would contend that subsequently a Co-ordinate Bench of this
Court in another petition pertaining to some other property has
taken a view that in case, the property is outside the Town
Planning limit, the conversion of residential use to commercial
use can be permitted provided the party makes an application to
the Competent Authority.
6. This Court has considered the contentions raised at
the Bar and perused the records.
7. As rightly contented by the learned Additional
Government Advocate, the petitioners' claim for conversion of
land use from residential use to commercial use is rejected by
this Court in W.P.No.105911/2023. Now the petitioners pray for
NC: 2025:KHC-D:14797
HC-KAR
conversion of the same property for commercial use without
challenging the said order and places reliance on the Co-ordinate
Bench judgment of this Court in another matter.
8. This Court is of the view that as long as the order
dated 12.10.2023 in W.P.No.105911/2023 is assailed in the
manner known to law, the petitioners cannot seek conversion of
the land by relying on its subsequent interpretation by the Co-
ordinate Bench of the Court in another matter not connected to
petition property.
9. Hence, the writ petition is dismissed.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
CLK
CT:BCK
