IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 108919 OF 2025 (LA-UDA)

BETWEEN:

1. DR. RAJESHWAR S/O. RUDRAPPA HALLIKERI, AGE: 53 YEARS, OCC: DOCTOR, R/O. VINAYAK NAGAR, KELAGERI ROAD, DHARWAD-580001.

2. DR. SIDDAGANGA D/O. RENUKANTH SANGAVI, (NOW W/O. RAJESHWAR HALLIKERI), AGE: 40 YEARS, OCC: DOCTOR, R/O. VINAYAK NAGAR, KELAGERI ROAD, DHARWAD-580001.

…PETITIONERS (BY SRI. BASAVARAJ K.MATHAPATI, ADVOCATE)

Digitally signed by MANJANNA E Location: HIGH AND:

MANJANNA COURT OF E K D A H R A N R A W T A A D KA BEN CH Date:

2026.02.19 1. THE STATE OF KARNATAKA

14:53:29 +0530 BY ITS UNDER SECRETARY TO DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, AMBEDKAR VEEDI, BENGALURU-560001.

2. THE HUBBALLI-DHARWAD MUNICIPAL CORPORATION, DHARWAD, TQ: AND DIST: DHARWAD-580001, BY ITS COMMISSIONER.

3. THE HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, TQ: HUBBALLI, DIST: DHARWAD-580025, BY ITS COMMISSIONER.

4. THE DEPUTY DIRECTOR OF TOWN PLANNING, HUBBALLI-DHARWAD MUNICIPAL CORPORATION, DHARWAD, TQ: AND DIST: DHARWAD-580001.

…RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1;

SRI. CHETAN T.LIMBIKAI, ADVOCATE FOR R2 AND R4;

SRI. GIRISH HULMANI, ADVOCATE FOR R3)

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 APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THAT PART OF THE ENDORSEMENT/ ORDER/COMMUNICATION BEARING APPLICATION NO. HDW-LBPAS-50405/25-26/BP AT VIDE ANNEXURE-D, ISSUED BY THE RESPONDENT NO.2, WHICH INSISTS UPON THE PETITIONERS TO SURRENDER 3.00 METERS OF ROAD WIDENING LAND FREE OF COST THROUGH A RELINQUISHMENT DEED AS A PRE-CONDITION FOR THE SANCTION OF THE BUILDING PLAN; AND ETC.

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

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

1. Learned AGA accepts notice for respondent No.1.

2. The petitioner has called in question the endorsement/order/communication bearing Application No.HDW-LBPAS-50405/25-26/BP issued by respondent No.2–Corporation (Annexure–D), whereby the petitioner has been called upon to surrender 3.00 meters of land earmarked for road widening, free of cost, by executing a relinquishment deed as a precondition for sanction of the building plan.

3. Learned counsel for the petitioners submits that imposition of such a condition is not justifiable and the said condition cannot be imposed without initiating the acquisition proceedings. In terms of the endorsement, the application submitted by the petitioner seeking permission for building was rejected on the premise that the application will be considered after the petitioner surrenders certain extent of land on free of cost in favour of the respondent-Corporation.

4. Learned counsel for the petitioners further submits that, the issue involved in this writ petition is squarely covered by the decision of the Co-ordinate Bench of this Court in the case of Sri B.K.Thyagaraj and Another Vs. The State of Karnataka and Others (B.K.Thyagaraj) and Sri D. Sundara Rami Reddy Vs. State of Karnataka and Others, W.P.No.4217/2025 (Sundara Rami Reddy) and further submits that the Co-ordinate Bench of this Court referring to the judgment of the Apex Court in the case of T.Vijayalakshmi and Others Vs. Town Planning Member and Another, (2006) 8 SCC 502 (T.Vijayalakshmi) wherein it is held that the authorities cannot insists upon the surrender of land free of cost as a condition precedent for the grant of building permission, unless acquisition proceedings

1 W.P.No.17302/2023

are initiated in accordance with law. He further submits that, considering the aforesaid decisions another Co-ordinate Bench of this Court in the case of Santosh Maruti Kalal Vs. The State of Karnataka and others, W.P.No.105273/2025 (Santosh Maruti Kalal) and in the case of Sri Prasanna and Another Vs. The State of Karnataka and others, W.P.No.109014/2025 (