IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100851 OF 2025 (KLR-CON)

BETWEEN:

ADITHI AUTOMOTIVES PVT. LTD., PRIVATE LIMITED COMPANY, #158/F, HOSAPETE ROAD, SUDHA CROSS, CONTONMENT BALLARI, REPRESENTED BY ITS MANAGING DIRECTOR, G. JAYAPRAKASH, AGE: 58, #158/F, HOSAPETE ROAD, SUDHA CROSS, CONTONMENT BALLARI.

…PETITIONER (BY SRI. DAYANAND M. BANDI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS SECRETARY, M.S. BUILDING, BENGALURU-560001.

2. DEPUTY COMMISSIONER, BALLARI, ASHPAK KASHIMSA THE OFFICE OF DEPUTY COMMISSIONER, MALAGALADINNI BALLARI-583201.

Location: HIGH COURT OF KARNATAKA 3. THE COMMISSIONER, DHARWAD BENCH BALLARI URBAN DEVELOPMENT AUTHORITY, BALLARI-583201. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 & R2;

SRI. Y. LAKSHMIKANT REDDY, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUED WRIT OF CERTIORARI OR ANY OTHER ORDER IN THE FORM OF DIRECTION TO QUASH THE ORDER BEARING NO. SAM/KAM/BHU.PA/11011/27/2024 DATED 10/12/2024 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE “F” TO THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 AND 3 TO CHANGE THE LAND USE OF SURVEY NO.792B/30 MEASURING 25 CENTS SITUATED IN KOLAGALLU VILLAGE OF BALLARI TALUKA, TO COMMERCIAL USE AS SOUGHT FOR IN THE PETITIONER’S LETTER DATED 06/11/2024 VIDE ANNEXURE “E” TO THE WRIT PETITION 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)

1. The petitioner is before this Court seeking for the following reliefs:

i. To issued writ of certiorari or any other order in the form of direction to quash the order bearing No. SAM/KAM/BHU.PA/11011/27/2024 dated 10/12/2024 passed by the Respondent No.2 vide Annexure “F” to the writ petition in the interest of justice and equity;

ii. Issue a writ of mandamus directing the respondents No.2 and 3 to change the land use of Survey No.792b/30 Measuring 25 Cents situated in Kolagallu Village of Ballari Taluka, to Commercial Use as sought for in the petitioner’s letter dated 06/11/2024 vide Annexure “E” to the writ petition in the interest of justice and equity.

iii. To grant any other relief under the facts and circumstances of the case in the interest of justice and equity.

2. The land measuring 4 acres in Sy.No.792/B/10 was owned by one Mr.M.R.Uday Kumar S/o Ramachandra Naidu, who had applied for conversion of the said land from agriculture to residential purposes in year 2003. By order dated 02.08.2003 an extent of 3 acres 75 cents was converted from agriculture to non- agriculture/residential purposes. However, 25 cents was reserved for widening of the National Highway and not converted.

3. The said Mr.M.R.Uday Kumar S/o Ramachandra Naidu sold the entire property measuring 4 acres to one Mr. Chandrahasa on 20.05.2009 and said Mr. Chandrahasa in-turn sold the same to the petitioner on 19.08.2013. The petitioner had applied on 31.03.2015 for conversion of said land from residential to commercial purposes.

4. Once again the extent of 25 cents had not been converted and it is in that background that the petitioner gave representations/applications on 06.11.2024 at Annexure-E stating that Highway having already been formed, the 25 cents were not required for the purpose of widening of the Highway and as such, the 25 cents could also be converted to commercial purposes. The said request came to be rejected by the endorsement dated

10.12.2024 at Annexure-F on the ground that the same can be considered only if an application could be made for 3 acres 75 cents, which had already been converted for residential purposes and if an application has filed in relation thereto, the same would be considered.

5. Having heard the learned counsels and having