IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 103199 OF 2023 (KLR-CON)

BETWEEN:

SRI. MUNEER SIDDIQUE

S/O LATE MOHAMMAD SIDDIQUE SAB,

AGED ABOUT 56 YEARS, OCC. AGRICULTURE,

R/O. HOSAPETE, TQ. HOSAPETE,

DIST. VIJAYANAGAR, PIN CODE-583 201.

… PETITIONER

(BY SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

BY ITS SECRETARY TO REVENUE DEPARTMENT,

VIDHANA VEEDHI, BENGALURU-01. 2. THE DEPUTY COMMISSIONER,

VIJAYANAGAR DISTRICT, HOSAPETE,

PIN CODE-583 201.

3. THE HOSAPET URBAN DEVELOPMENT

AUTHORITY, HOSAPETE,

TQ. HOSAPETE, DIST. VIJAYANAGAR.

… RESPONDENTS

Digitally signed by (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2;

C L K A A H X T A M T N I A M D N R A A N S I HEKAR C L K D

11 A A H a : X t T 2 A e M T 1 N : I : 2 A M 2 D 0 N 0 R A 2 A + N 5 S . 0 I 1 H 5 2 3 E .1 0

K 6 AR SRI. B. SHARANABASAWA, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH BY ISSUE OF WRIT OF CERTIORARI THE IMPUGNED ENDORSEMENT DATED 14-06- 2022 BEARING NO. NIL PRODUCED AS ANNEXURE-E ISSUED BY THE RESPONDENT NO.2; DECLARE BY ISSUE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 THAT THE LAND OF THE PETITIONER BEARING SY. NO.69/C/4 MEASURING 50 CENTS SITUATED AT JAMBUNATHANAHALLI, TQ. HOSAPETE, DIST. VIJAYANAGAR, IS ENTITLED FOR DEEMED CONVERSION BY VIRTUE OF SECTION 95(2) OF THE KARNATAKA LAND REVENUE ACT; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO ACCEPT THE CONVERSION FEE IF ANY AND ISSUE THE CONVERSION ORDER IN TERMS OF SECTION 95 OF THE KARNATAKA LAND REVENUE ACT IN

RESPECT OF THE LANDS BEARING SY. NO. 69/C/4 MEASURING 50 CENTS SITUATED AT JAMBHUNATHANAHALLI VILLAGE, TQ.

HOSAPETE, DIST. VIJAYANAGAR.

THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

This petition is filed assailing the endorsement marked as Annexure-E, dated 14.06.2022, issued by respondent No.2-Deputy Commissioner.

2. This petition was disposed of by order dated

20.01.2024. The Court allowed the petition and quashed the endorsement dated 14.06.2022, which had declined conversion of the land for residential use.

3. Writ Appeals were filed in several matters challenging the similar orders as well as the order passed in the present writ petition. The writ appeals were allowed vide order dated 29.01.2025, and the matters were remitted to the learned Single Judge to pass appropriate orders in light of observations made therein.

4. Learned counsel appearing for the petitioner would submit that though the remand order was passed in a batch of writ appeals, the property involved in the present petition forms part of the master plan, wherein it is specifically earmarked for residential use. Therefore, there was no need to remand this matter, and it was erroneously clubbed with other matters, where the nature of the properties involved in those cases were different and those properties were earmarked in the master plan.

5. Learned counsel appearing for the petitioner would also refer to the observations made in W.A.No.100207/2024, wherein the Division Bench of this Court has held that an application for conversion and diversion of land use under Section 95 of the Karnataka Land Revenue Act, 1964, is necessary only when the conversion/diversion is sought for a purpose other than the purpose for which the land is earmarked in the master plan.

6. This submission is not disputed by the Learned Additional Government Advocate.

7. Learned counsel appearing for the petitioner would also invite the attention of the Court to Annexure-B, the endorsement dated 04.08.2021, wherein the Commissioner of City Municipality of Hosapet has endorsed that the property bearing Sy.No.69/C/4 and some other lands mentioned therein are part of city limits as per the master plan.

8. The Court is of the view that petitioner has made out a case for grant of reli