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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NC: 2024:KHC-D:629 WP No. 100066 of 2024
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 -4- NC: 2024:KHC-D:629 WP No. 100066 of 2024 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 LIST NO.: 1 SL NO.: 46