IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 45001 OF 2017 (LB-RES)

BETWEEN:

SRI K K AIYAPPA S/O LATE K A KALAIAH, AGED ABOUT 43 YEARS, MEMBER OF K-NIDUGANI GRAMAPANCHAYATH, RESIDENT OF HEBBATTAGERI VILLAGE, K.NIDUGANI POST, MADIKERI TALUK-571201 …PETITIONER (BY SRI. SRINIVAS V.,ADVOCATE)

AND:

1. STATE OF KARNATAKA BY ITS SECRETARY TO TOWN PLANNING AND URBAN DEVELOPMENT DEPARTMENT, Digitally signed by SHWETHA VIKAS SOUDHA, RAGHAVEND RA BANGALORE-560001 Location: HIGH COURT OF KARNATAKA 2. THE COMMISSIONER MADIKERI URBAN DEVELOPMENT AUTHORITY (MUDA)

MADIKERI-571201

3. THE PRESIDENT MADIKERI URBAN DEVELOPMENT AUTHORITY (MUDA)

MADIKERI-571201

4. THE DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI-571201

5. SRI ANAJANEYALU PRATHIPATI MANAGING DIRECTOR, RASASRI DEVELOPERS (P) LTD., NO.18, 3RD FLOOR, RASASRI CHAMBERS, NEW BEL ROAD, JALADARSHINI LAYOUT., BANGALORE-54 …RESPONDENTS (BY SMT. CHANDINI SINGH., HCGP FOR R1 TO R4;

SRI. B.L. RUDRESH., ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE QUASH THE RESOLUTION DTD.19.5.2017 PASSED BY THE R-2 AND 3 VIDE ANNEX-D TO THE W.P. AND ETC.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The Petitioner is before this Court seeking for the following reliefs;

a) Issue a writ of certiorari or any other writ of like nature and quash the resolution dated 19.07.2017 passed by the respondent no. 2 and 3 vide Annexure-D to the writ petition and;

b) Grant any other remedy that this Hon’ble Court deems fit in the facts and circumstances of the case.

2. The Petitioner claims to be the Member of K-Nidugani Gram Panchayat. The 5^th respondent being the owner of land bearing Sy.No.4/3A measuring 30 acres and Sy.No.4/3B measuring 30 acres situate at Karnangeri Village had submitted an application for conversion of the said lands from agriculture to non- agricultural/commercial use to the Grama Panchayath. The said application was rejected by the Grama Panchayath.

3. Subsequently, the 5^th respondent had approached the 2^nd respondent-Madikeri Urban Development Authority seeking change of land use and a no objection certificate to convert the land for commercial purposes, which came to be allowed vide resolution dated 19.05.2017 it is challenging the same, the petitioner is before this court.

4. The submission of Sri Srinivas V., learned counsel for the Petitioner, is that the Grama Panchayat, having rejected the application for conversion, the Urban Development Authority ought not to have issued a no-objection certificate for conversion. The stand of the Grama Panchayat ought to have been appreciated by the Urban Development Authority, and it is in that background that he submits that no objection certificate is required to be quashed. Lastly, he submits that before issuing the no-objection certificate, prior notice of 60 days had to be issued under Section 14A of the Karnataka Town and Country Planning Act, 1961.

5. Learned counsel for respondent Nos.2 and 3 - Urban Development Authority submits that the Urban Development Authority has followed the due procedure inasmuch as the land in question, coming within the development plan, is under the jurisdiction of the Urban Development Authority and not the Gram Panchayath. As such, the Grama Panchayath has nothing to do with the said land, and the Urban Development Authority has exercised its administrative jurisdiction. The development plan demarcating/reserving the land for commercial purposes has been taken note of by the Urban Development Authority, and no objection certificate was issued for formal conversion of the land from agriculture to non-agriculture purposes in terms of Section 95 of the Karnataka Land Revenue Act, 1964. His subm