Court clarified that formal approval for land use conversion requires no additional reporting when the land is designated for residential purposes in the master plan.

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11^TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105496 OF 2025 (KLR-CON)

BETWEEN:

SANGAMESH S/O. SIDAGOUDA GHULAPPANAVAR, AGE: 44 YEARS, OCC. LEGAL PRACTICE, R/O. PLOT NO.13, SNEHAL GARDEN, PAVAN PARK, SADHANKERI, DHARWAD-580008.

…PETITIONER (BY SRI. M. B. HIREMATH, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, Digitally signed by M.S.BUILDING, BENGALURU-01.

SAROJA HANGARAKI Location: Hig h 2. THE DEPUTY COMMISSIONER Court of Karnataka, OFFICE OF DEPUTY COMMISSIONER Dharwad Bench, Dharwad DHARWAD-580001.

…RESPONDENTS (BY SRI. T.R. HANUMAREDDY, AGA FOR R1 AND R2)

THIS WP IS FILED UNDER ORDER 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT OF CERTIORARI, QUASHING THE IMPUGNED ENDORSEMENT DATED 27.02.2025 ISSUED BY 2^ND 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.

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. Learned AGA accepts notice for respondent Nos.1 and 2.

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 2^nd 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.

3. The petitioner has purchased the land in Sy No./Block No.5A, Hissa No.10/2, measuring 2 guntas 8 anas situate near Pavan Park, Doddanayakanakoppa Village, Sadhanakeri Taluk, 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.

4. Heard Sri.Mallikarjunswamy B Hiremath, learned counsel for the petitioner and Sri.T.Hanumareddy, learned AGA for respondents. Perused the writ petition papers.

5. 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 the time of obtaining requisite permissions from the authority along with self-

declaration, as may be required.

6. In terms of the proviso to Subsection (2) of Section

14, where the change of land use under the section needs diversion of agricultural land for non- agricultural purposes, such us