SANGAMESH v. THE STATE OF KARNATAKA

(BY SRI. T.R. HANUMAREDDY, AGA FOR R1 AND R2) …RESPONDENTS THIS WP IS FILED UNDER ORDER 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT OF IMPUGNED ENDORSEMENT CERTIORARI, QUASHING THE DATED 27.02.2025 ISSUED BY 2ND RESPONDENT (I.E., DEPUTY COMMISSIONER) WHICH IS PRODUCED AT ANNEXURE-E CONSEQUENTLY ALLOW THE APPLICATION OF PETITIONER DATED 30.01.2025 WHICH IS PRODUCED AT ANNEXURE-D. B. SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:10014 WP No. 105496 of 2025 HC-KAR ISSUE SUCH OTHER WRIT, ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

Learned AGA accepts notice for respondent Nos.1 and 2. The petitioner is before this Court seeking for the following reliefs: A. Issue writ of certiorari, quashing the impugned endorsement dated 27.02.2025 issued by 2nd respondent (i.e., Deputy Commissioner) which is produced at Annexure-“E” consequently allow the application of petitioner dated 30.01.2025 which is produced at Annexure-D. B. Issue such other writ, order or direction as this Hon’ble Court deems fit in the interest of justice and equity.

The petitioner has purchased the in Sy No./Block No.5A, Hissa No.10/2, measuring 2 guntas 8 situate Pavan Park, Doddanayakanakoppa Village, Sadhanakeri Taluk, - 3 - NC: 2025:KHC-D:10014 WP No. 105496 of 2025 HC-KAR Dharwad District, which comes within the Hubballi- Dharwad Corporation limits, under registered sale deed. The said land has been reserved in the master plan for residential purposes. The land not having been converted, the petitioner made a formal application on 31..01.2025 to respondent No.2 - Deputy Commissioner for conversion, which came to be rejected by the Deputy Commissioner on the ground that certain report had not been submitted, without disclosing as to who has to submit the report and what nature of report was required to be submitted. It is challenging the same the petitioner is before this Court.

Heard Sri. Mallikarjunswamy B Hiremath, learned counsel for the petitioner and Sri.T.Hanumareddy, learned AGA for respondents. Perused the writ petition papers. - 4 - NC: 2025:KHC-D:10014 WP No. 105496 of 2025 HC-KAR

In terms of Clause (1) of Subsection (2) of Section 95 of the Karnataka Town and Country Planning Act, 1961, the permission of the Deputy Commissioner shall not be required for diversion of lands for non- agricultural purpose if such lands assessed or held for the purpose of agriculture is as per the land use as specified in the master plan duly published for the concerned land under the provision of the Karnataka Town and Country Planning Act. Provided that the prescribed fee under Subsection (7) of Section 95 shall be paid to the concerned Town Planning Authority at time of obtaining requisite permissions from the authority along with self- declaration, as may be required.

In terms of the proviso to Subsection (2) of Section 14, where the change of land use under the section needs diversion of agricultural for non- agricultural purposes, such use or change of use shall not be permitted unless the permission is - 5 - NC: 2025:KHC-D:10014 WP No. 105496 of 2025 HC-KAR obtained in accordance with the provision of the Karnataka Land Revenue Act, 1964, for such diversion.

Thus, what is required is a formal order of diversion under Clause (1) of Subsection (2) of Section 95. Since the land is already designated for residential use in the master plan and once a land is so designated, the procedure which is required to be followed under Section 95 is truncated and it is only a formal approval which is required to be granted by the Deputy Commissioner, without going through the entire process prescribed under Section 95 of the Karnataka Town and Country Planning Act, 1961.

That being the case, the endorsement which has been issued in the present matter firstly does not indicate as to what kind of report is required and from whom. Secondly and more importantly, no such report is required to be sought for or obtained, in - 6 - NC: 2025:KHC-D:10014 WP No. 105496 of 2025 HC-KAR view of the formality of the endorsement required to be issued by Deputy Commissioner, as indicated above.